HomeMy WebLinkAboutApprove for Introduction Ordinance No. 4346 Amending Chapter 2000 Main Street,
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APPROVED FOR ADOPTION
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File #: 26-180 MEETING DATE: 3/3/2026
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jason Schmitt, City Treasurer
VIA: Jason Schmitt, City Treasurer
PREPARED BY: Jason Schmitt, City Treasurer
Subject:
Adopt Ordinance No. 4346 Amending Chapters 1.18, 2.15, 2.16, 3.28, 5.04, 5.08, 5.16, 5.70, and
14.08 of the Huntington Beach Municipal Code Relating to Duties of the City Treasurer
Statement of Issue:
The Municipal Code previously was amended to delegate some of the City Treasurer's enumerated
Charter duties related to Business License Taxes, Oil Well Taxes, and Municipal Services Fees to the
City Finance Director. The purpose of Ordinance No. 4346 is to realign direct control of those duties
to the City Treasurer.
Financial Impact:
None
Recommended Action:
Adopt Ordinance No. 4346, "An Ordinance of the City Council of the City of Huntington Beach
Amending Chapters 1.18, 2.15, 2.16, 3.28, 5.04, 5.08, 5.16, 5.70 and 14.08 of the Huntington Beach
Municipal Code Relating to Duties of the City Treasurer."
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
The Huntington Beach Charter Section 311 provides that the City Treasurer shall have the power and
shall be required to receive on behalf of the City all taxes, assessments, license fees and other
revenues of the City, or for the collection of which the City is responsible.
The City Council previously amended chapters 1.18, 2.15, 2.16, 3.28, 5.04, 5.08, 5.16, 5.70, and
14.08 of the Huntington Beach Municipal Code to delegating the City Treasurer's duties related to
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File #: 26-180 MEETING DATE: 3/3/2026
receiving and collecting Business License Taxes, Oil Well Taxes, and Municipal Services Fees to the
City Finance Director. Ordinance No. 4346 simply moves these duties back to the City Treasurer.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will
not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Non Applicable -Administrative Item
For details, visit www.huntingtonbeachca.gov/strategicplan.
Attachment(s):
1. Ordinance No. 4346
2. Legislative Draft
3. PowerPoint Presentation
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ORDINANCE NO. 4346
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTERS 1.18,2.15, 2.16, 3.28, 5.04, 5.08, 5.16, 5.70 and 14.08
OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO DUTIES OF THE CITY TREASURER
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 1.18.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
1.18.020 Definitions
The following definitions apply to the use of these terms for the purposes of this Chapter:
Building Violation. Any violation of this Code pertaining to building,plumbing,
electrical,of Other similar structural or zoning regulations set forth in this Code that does not
create an immediate danger to health or safety.
Citation. An administrative citation issued pursuant to this Chapter. Citation includes a
notice of noncorrection unless the context clearly shows otherwise.
Citee. Person given an administrative citation charging him or her as a responsible person
for a code violation.
City Attorney. The City Attorney or his or her designee.
City Treasurer. The City Treasurer or his or her designee.
Enforcement Officer.Any City employee or agent of the City designated by the Director
of any City department which has the authority and responsibility to enforce provisions of this
Code.
Chief Financial Officer.The Director of the City's Finance Department or his or her
designee.
Hearing Officer. The person appointed by the City Manager to serve as the hearing officer
for administrative hearings. Prior to conducting hearings the hearing officer must first be certified
by the City Attorney as qualified to provide a fair and impartial hearing based on appropriate
education,training and experience.
Issued. Giving a citation to the citee and issuance occurs on the date when a citation is
personally served on the citee,the date it is mailed to the citee, or the date it is posted on real
property where a property related violation occurs.
Issuing Department. The City department that has the authority and responsibility for
enforcing the code section(s) designated on a citation as having been violated.
Notice of Noncorrection. A reissuance of an original citation for a building violation
which notes a violation(s) on the original citation has not been corrected within the applicable
correction period.
Responsible Person. A responsible person is any of the following:
ORDINANCE NO. 4346
1. A person who causes a code violation to occur.
2. A person who maintains or allows a code violation to continue,by his or her action
or failure to act.
3. A person whose agent,employee,or independent contractor causes a code violation
by its action or failure to act.
4. A person who is the owner of, and a person who is a lessee or sublessee with the
current right of possession of,real property where a property related code violation
occurs.
5. A person who is the on-site manager of a business who normally works daily at
the site when the business is open and is responsible for the activities at such
premises.
For purposes of this subsection "person" includes a natural person or legal entity, and the
owners, majority stockholders, corporate officers,trustees, and general partners of a legal entity.
There shall be a legal rebuttable presumption that the record owner of a parcel according
to the county's latest equalized property tax assessment rolls and a lessee or sublessee of a parcel
has notice of any code violation existing on the premises.
For the purposes of this Chapter, there may be more than one responsible person for a
code violation,and a minor at least 14 years of age may be a responsible person subject to the
provisions of this Chapter.
SECTION 2. Section 2.15.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.15.030 Director—Power of Duties.
The Chief Financial Officer shall be appointed by the City Manager.The Chief Financial
Officer shall have the following powers and duties:
A. Direct,plan, organize and coordinate programs and activities of the Finance
Department.
B. Establish and maintain a system of financial procedures, accounts and controls for
the City government and each of its offices, officers, departments and agencies.
C. Provide direction for the control of all expenditures to insure that budget
appropriations are not exceeded.
D. Direct and administer the City's centralized purchasing function with regard to
procurement of all supplies, services and equipment for all City departments and
agencies of the City.
E. Administer and enforce all Municipal Code regulations regarding finance, and
purchasing.
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ORDINANCE NO. 4346
SECTION 3. Section 2.16.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.16.020 Powers.
The City Treasurer shall have the power to:
A. Receive on behalf of the City all taxes, assessments, license fees, and other
revenues of the City, or for the collection of which the City is responsible, and
receive all taxes or other money receivable by the City from the County, State, or
Federal Governments,or from any court,or from any office, department, or agency
of the City.
B. Have and keep custody of all public funds belonging to or under control of the City
of any office, department, or agency of the City government and deposit or cause be
deposited all funds coming into their hands in such depository as may be designated
by resolution of the City Council, or, if no such resolution be adopted,then is such
depository designated in writing by the City Manager, and in compliance with all of
the provisions of the State Constitution and laws of the State governing the handling,
depositing, arid securing of public funds.
C. Pay out monies only on proper orders or warrants in the manner provided for in the
City Charter
D. Prepare and submit to the Chief Financial Officer monthly written reports of all
receipts, disbursements, and fund balances, and shall file copies of such reports with
the City Manager and City Council.
E. Manage the Business License functions of the City.
SECTION 4.. Section 2.16.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
2.16.030 Treasurer--Duties.
The City Treasurer shall be the head of the City Treasurer's Department and shall be
elected by the voters. The City Treasurer shall have the duties set forth in the City Charter, and
the following duties:
A. Plans, organizes, directs, and coordinates all programs and activities of the City
Treasurer's Department.
B. Determines and directs department policies, procedures, and organization.
C. Obtains quotes for the investment of funds under his or her control, authorizes
purchases, maintains documentation,receives payments, schedules maturities,
authorizes fund transfers, calculates and makes daily repurchase agreements, and
establishes and maintains an Investment Policy pursuant to the California
Government Code.
•
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ORDINANCE NO. 4346
D. Establishes and controls all bank accounts, negotiates services and contracts with
bank,makes daily deposits, handles returned checks and reconciliation thereof.
E. Collects monies owed to the City whether by tax, fee, charge,judgment,settlement or
otherwise; utilizes letters, phone calls, and collection agencies as required; and may
write off uncollectible items up to $10,000.00 without further authorization, between
$10,000.00 and$50,000.00 with the prior approval of the City Manager and in excess
of$50,000.00 with City Council approval only.
F. Makes cash flow projections on a weekly and monthly basis.
G. Manages the Business License operation including the issuance of permits,receipting
of oil well royalties, and the transient occupancy tax.
H. Receives all City monies including taxes,fees,water,sewer and trash fees including oil
well royalties and transient occupancy taxes.
I. Maintains all trusts, bonds, security agreements, and funds for the City including the
filing, depositing, refunds and releases, letters of release, and inquiries relating
thereto.
J. Prepares, submits,and administers the annual budget for his or her department.
K. Performs such other duties and has such other powers as the City Council may
establish hereafter by resolution consistent with the City Charter. •
L. Administer and enforce all Municipal Code regulations regarding the collection of
monies owed to the City.
SECTION 5. Section 3.28.080 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.28.080 Registration
Within 30 days after the effective date of the ordinance codified in this Chapter, or within
30 days after commencing business,whichever is later,each operator of any hotel renting
occupancy to transients shall register said hotel with the City Treasurer and obtain from him or
her a "Transient Occupancy Registration Certificate" to be at all times posted in a conspicuous
place on the premises. Said certificate shall, among otherthings, state the following:
A. The name of the operator;
B. The address of the hotel;
C. The date upon which the certificate was issued.
D. "This Transient Occupancy Registration Certificate signifies that the person namedon
the face hereof has fulfilled the requirements of Chapter 3.28 by registering with the
City Treasurer for the purpose of collecting from transients the Transient Occupancy
Tax and remitting said tax to the City Treasurer. This certificate does not authorize
any person to conduct any unlawful business or to conduct any lawful business in an
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ORDINANCE NO. 4346
unlawful manner, nor to operate a hotel without strictly complying with all local
applicable laws, including but not limited to those requiring a permit from any board,
commission,,department or office of this City.This certificate does not constitute a
permit."
SECTION 6. Section 3.28.090 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.28.090. Reporting and Remitting.
Each operator shall file a report each month on forms provided by the City Treasurer of
the total rents charged and received and the amount of tax collected for transient occupancies for
the preceding month. The full amount of tax collected shall be remitted to the City Treasurer.
Said tax collected by each operator during a calendar month, is due and payable and must be
received by the City by the last business day of the first month following and shall be
delinquent and subject to the penalties noted in Section 3.28.100 of this Chapter on the first day
of the second month following. Said report shall be filed at the same time the tax is remitted.
Returns are due and payable and delinquent immediately upon cessation of business for any
reason. All taxes collected by operators pursuant to this Chapter shall be held in trust for the
account of the City until payment is made to the City Treasurer.
SECTION 7. Section 3.28.100 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.28.100. Penalties and Interest.
The following shall give rise to penalties and interest:
A. Original Delinquency. Any operator who fails to remit any tax imposed by this
Chapter within the time required shall pay a penalty of 10%of the amount of the tax in
addition to the amount of the tax.
B. Continued Delinquency.Any operator who fails to meet,any delinquent
remittance on or before a period of 30 days following the date on which the
remittance first became delinquent shall pay a second delinquency penalty of 10% of
the amount of the tax in addition to the amount of the tax and the 10%penalty first
imposed.
C. Fraud. If the City Treasurer determines that the non-payment of any remittance
due under this Chapter is due to fraud, a penalty of 25% of the amount of the tax shall
be added thereto in addition to the penalties stated in subsections A and B of this
section.
D. Interest. In addition to the penalties imposed, any operator who fails to remit any
tax imposed by this Chapter shall pay interest at the rate of one-half of one percent
per month,or fraction thereof, on the amount of the tax,exclusive of penalties,from
the date on which the remittance first became delinquent until paid.
E. Penalties Merged With Tax. Every penalty imposed and such interest as
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ORDINANCE NO. 4346
accrues under the provisions of this section shall become a part of the tax herein
required to be paid.
SECTION 8, Section 3.28.110 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.28.110. Failure to Collect and Report Tax—Determination of Tax by City
Treasurer
If any operator shall fail or refuse to collect said tax and to make,within the time
provided in this Chapter, any report and remittance of said tax or any portion thereof required
by this Chapter,the City Treasurer shall proceed in such manner as he or she may deem best to
obtain facts and information on which to base his or her estimate of the tax due, As soon as the
City Treasurer shall procure such facts and information as he or she is able to obtain upon
which to base the assessment of any tax imposed by this Chapter and payable by any operator
who has failed or refused to collect the same and to make such report and remittance, he or she
shall proceed to determine and assess against such operator the tax, interest and penalties
provided for by this Chapter. In case such determination is made,the City Treasurer shall give a
notice of the amount so assessed by serving it personally or by depositing it in the United States
mail,postage prepaid, addressed to the operator so assessed at his or her last known place of
address. Such operator may within 10 days after the serving or mailing of such notice make
application in writing to the City Treasurer for a hearing on the amount assessed. If application
by the operator for a hearing is not made within the time prescribed,the tax, interest and
penalties, if any, determined by the City Treasurer shall become final and conclusive and
immediately due andpayable to the City Treasurer. If such application is made,the City
Treasurer shall give not less than five days written notice in the manner prescribed herein to the
operator to show cause at a time and place fixed in said notice why said amount specified
therein should not be fixed for such tax,interest and penalties. At such hearing, the operator
may appear and offer evidence why such specified tax,interest and penalties should not be so
fixed. After such hearing the City Treasurer shall determine the proper tax to be remitted and
shall thereafter give written notice to the person and in the manner prescribed herein of such
determination and the amount of such tax,interest and penalties. The amount determined to be
due shall be payable to the City Treasurer after 15 days unless an appeal is taken as provided in
Section 3.28.120.
SECTION 9. Section 3.28,120 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.28.120. Appeal
Any operator aggrieved by any decision of the City Treasurer with respect to the amount
of such tax,interest and penalties, if any, may appeal to the City Council by filing a notice of
appeal with the City Clerk within 15 days of the serving or mailing of the determination of
tax due. The Council shall fix a time and place for hearing such appeal, and the City Clerk shall
give notice in writing to such operator at his or her last known place of address. The findings of
the Council shall be final and conclusive and shall be served upon the appellant in the manner
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ORDINANCE NO. 4346
prescribed above for service of notice of hearing. Any amount found to be due shall be
immediately due and payable upon theservice of notice.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit,
action or proceeding in any court against the City or an officer thereof to prevent or enjoin the
collection of taxes sought to be collected pursuant to this Chapter and paymentd'all tax, interest
and penalties shall be required as a condition precedent to seeking judicial review of any tax
liability.
SECTION 10. Section 3.28.130 of the Huntington Beach Municipal Code is amended to
read as follows:.
3.28.130. Records
It shall be the duty of every operator liable for the collection and payment to the City
of any tax imposed by this Chapter to keep and preserve, for a period of three years, all
records as may be necessary to determine the amount of such tax as he or she may have been
liable for the collection of and payment to the City,which records the City Treasurer shall have
the right to inspect at all reasonable times.
SECTION 11. Section 3.28.140 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
3.28.140. Refunds
The following shall warrant a refund:
A. Whenever the amount of any tax, has been overpaid or paid more than once or has
been erroneously or illegally collected or received by the City Treasurer under this
Chapter,it may be refunded as provided in this section.
B. The City Treasurer may refund any tax that has been overpaid,paid more than
once,or has been erroneously or illegally collected or received by the City Treasurer
under this Chapter, provided that no refund shall be paid under the provisions of the
section unless the claimant or his or her guardian, conservator, executor or administrator
has submitted a written claim, under penalty of perjury,to the City Clerk within one year
of the overpayment or erroneous or illegal collection of said tax. Such claim must clearly
establish claimant's right to the refund by written records showing entitlement thereto.
Nothing herein shall permit the filing of a refund claim on behalf of a class or group of
taxpayers. Where the amount of any individual refund claim is in excess of$5,000.00,
City Council approval shall be required.
C: It is the intent of the City that the one-year written claim requirement of this
section be given retroactive effect;provided, however,that any claims which arose prior
tothe enactment of the one-year claims period of this section, and which are not otherwise
barred by a then-applicable statute of limitations or claims procedure, must be filed with
the City Clerk as provided in subsection B of this section within 90 days following the
effective date of the ordinance codified in this section.
D. The City Treasurer, or the City Council where the claim is in excess of$5,000.00
and the City Treasurer has approved the claim, shall act upon the refund claim within 45
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ORDINANCE NO. 4346
days of the initial receipt of the refund claim. Said decision shall be final. If the
Treasurer/City Council fails or refuses to act on a refund claim within the 45-day period,
the claim shall be deemed to have been rejected by the CityTreasurer/City Council on the
45th day.The treasurer shall give notice of the action in a form which substantially
complies with that set forth in Government Code Section 913.
E. The filing of a written claim is a prerequisite to any suit thereon.Any action
brought against the City pursuant to this section shall be subject to the provisions of
Government Code Sections 945.6 and 946.
SECTION 12. Section 3.28.150 of the Huntington Beach Municipal Code is hereby
amended to read as follows.
3.28.150 Actions to Collect.
Any tax required to be paid by any transient under the provisions of this Chapter
shall be deemed a debt owed by the transient to the City. Any such tax collected by an
Operator which has not been paid to the City shall be deemed a debt owed by the operator
to the City. Any person owing money to the City under the provisions of this chapter
shall be liable to an action brought in the name of the City of Huntington Beach for the
recovery of such amount.
SECTION 13. Section 3.28.150 of the Huntington Beach Municipal Code is hereby
amended to read as.follows.
3.28.160. Failure to Register.
Any operator or other person who fails or refuses to register as required herein, or to
furnish any return required to be made, or who fails or refuses to furnish a supplemental return
or other data required by the City Treasurer,or who renders a false or fraudulent return or claim,
is guilty of a misdemeanor. Any person required to make,render, sign or verify any report or
claim or who makes any false or fraudulent report or claim with intent to defeat or evade the
determination of any amount due required by this Chapter to be made, is guilty of a
misdemeanor.
SECTION 14. Section 5.04.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.04.060. Permit From Council Required for Certain Businesses.
No license shall be issued for the conduct of any business which,in the opinion of the City
Treasurer would be detrimental to the public health, safety, welfare or moral standards of the
City until a permit shall have first been obtained from the City Council or appropriate City
department.
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ORDINANCE NO. 4346
SECTION 15. Section 5.08.015 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.08.015. Evidence of Doing Business.
When any person shall by use of signs, circulars, cards, telephone book or newspapers,
advertise,hold out, or represent that the person is in business in the City, or when any person
holds an active license or permit issued by a governmental agency indicating that the person
is in business in the City, and such person fails to deny by a sworn statement to the City
Treasurer that they are conducting business in the City, after being requested to do so by the City
Treasurer or authorized employees of the City, then these facts shall be considered prima facie
evidence that the person is conducting a business in the City.
SECTION 16. Section 5.08.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:.
S.08.020. Exemptions--Generally.
Nothing in this title shall be deemed or construed to apply to any person transacting and
carrying on any business exempt by virtue of the Constitution or applicable statutes of the
United States or the State of California from payment of such taxes as are herein prescribed.
A. Interstate Commerce. None of the license taxes provided for by this title shall
be so applied as to occasion an undue burden upon interstate commerce. In any case where
a license tax is believed by a licensee or applicant for license to place an undue burden
upon such commerce, he or she may apply to the City Treasurer for an adjustment of the
tax so that it shall not be discriminatory or unreasonable as to such commerce. Such
application may be made before, at or within six months after payment of the prescribed
license tax. The applicant shall,by affidavit and supporting testimony, show his or her
method of business and the average number of employees or estimated average number of
employees and such other information as the City Treasurer may deem necessary in order
to determine the extent, if any, of such undue burden on such commerce. The City
Treasurer shall then conduct an investigation, and after having first obtained the written
approval of the City Attorney, subject to the approval of the City Council, shall fix as the
license tax for the applicant, an amount that is reasonable and nondiscriminatory, or if the
license tax has already been paid, shall order a refund of the amount over and above the
license tax so fixed. In fixing the license tax to be charged,the City Treasurer shall have
the power to base the license tax upon the average numberr of employees or any other
measure which will ensure that the license tax assessed shall be uniform with that assessed
on businesses of like nature, so long as the amount assessed does not exceed the license
tax as prescribed by this title. Should the City Treasurer determine the average number of
employees measure of license tax to be the proper basis, he or she may require the
applicant to submit, either at the time of termination of applicant's business in the City or at
the end of each three-month period, a sworn statement of the average number of employees
and pay the amount of license tax therefor, provided that no additional license tax during
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ORDINANCE NO. 4346
any one calendar year shall be required after the licensee shall have paid an amount equal
to the annual license tax as prescribed in this title.
1. Any person claiming an exemption pursuant to this Chapter shall file a
verified statement with the City Treasurer stating the facts upon which exemption
is claimed.
2. The City Treasurers shall,upon a proper showing contained in the verified
statement, subject to approval of the City Council, issue a license to such person
claiming exemption under this section without payment to the City of the license
tax required by this title.
3. The City Treasurer, after giving notice and a reasonable opportunity for
hearing to a licensee, as provided in Sections 5.08.240 and 5.08.250, may revoke
any license granted pursuant to the provisions of this section upon information
that the licensee is not entitled to the exemption as provided herein.
B. Charitable and Nonprofit Organizations. As used in this title, "charitable" and
"nonprofit organizations" shall include only religious, charitable, fraternal, educational,
military, state, county or municipal organizations or associations as defined by Internal
Revenue Code Section 501(c). The provisions of this Chapter shall not be deemed or
construed to require the payment of a license tax to conduct,manage or carry on any
business, occupation or activity from any institution or organization which is
conducted, managed or carried on wholly for the benefit of charitable purposes or from
which profit is not derived,either directly or indirectly,by any person,nor shall any
license tax be required for the conducting of any entertainment, concert, exhibition or
lecture on scientific, historical, literary, religious or moral subjects within the City
whenever the receipts of any such entertainment, concert, exhibition or lecture are to be
appropriated at any church or school or to any religious or benevolent purpose; nor
shall any license taxbe required for the conducting of any entertainment, dance,
concert, exhibitionor lecture by a religious, charitable, fraternal, educational, military,
state, county,or municipal organizations or associations, or lecture are to be
appropriated for the purpose and object for which such organization or association
was formed and from which profit is not derived, either directly or indirectly, by any
person,provided, however, that nothing in this section shall be deemed to exempt
any such organization or association from complying with any of the provisions of this
Code requiring a permit from the City Council or other City department, or any
commission or officer to conduct, manage or carry on any profession,trade calling or
occupation.
C. Disabled Veterans—Exempted When.Every honorably discharged soldier,sailor
or Marine of the United States, who is physically unable to obtain his or her livelihood by
means of manual labor and who is a qualified voter of the State of California, shall have
the right to hawk,peddle and vend any goods,wares, or merchandise owned by him or
her, except spiritous, malt, vinous or other intoxicating beverages, without the payment of
a license fee, subject, however, to the restrictions, limitations, regulations and conditions
hereinafter set forth. Every applicant must comply with the following requirements before
a license may be issued under the provisions of this Chapter:
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ORDINANCE NO. 4346
1. Every applicant must furnish a certificate of physical disability executed by a
qualified surgeon of the United States Navy, Army, Marines, Air Force or
U.S. Public Health Service,a certificate of honorable discharge from the
United_States Navy,Army, Marines,Air Force or U. S. Coast Guard, and a
written recommendation from the representatives of the local posts of the
American Legion and/or the Veterans of Foreign Wars.
2. Every applicant must furnish two identification photographs, one to be
attached to the license issued to said applicant, and the other to be attached to
the copy retained by the City Treasurer. The applicant must also sign both
copies of the license at the time of the issuance thereof.
3. License Issuance Conditions. A license when issued is subject to the
following conditions:
a. It is nontransferable and for the exclusive use of the licensee named.
b. Applicant's identification photograph must be attached to the license at all
times, and failure to comply herewith is grounds for revocation of the
license and for refusing its renewal or the issuance of a new license
thereafter.
c. The licensee named must identify him or herself by his or her signature and
present a valid license whenever required to do so by a police officeror the
City Treasurer.
d. Every license issued under the provisions of this section shall expire 30
days from and after the date of issuance and a new license may thereafterbe
issued pursuant to the provisions of this section subject to review by the
City Treasurer.
e. It is unlawful for any person, other than the licensee named,to use or have
in his or her possession any license issued pursuant to the provisions of this
section.
f. It is unlawful for any person to purchase or transfer any license issued
pursuant to the provisions of this section, or for any person to transfer or
convey the certificates mentioned in subsection (C)(1) of this section to any
other person for the purpose of securing a license as herein provided.
D. Real Estate Agents.Persons licensed by the California Department of Real
Estate and having their license placed with a broker licensed by the California Department
of Real Estate for purposes of supervision and control, as required by state law, shall not
be subject to taxation under this title if their broker pays the tax in accordance with the
provisions of this title and includes the real estate agent as oneof its employees for
purposes of any computation of the tax.
SECTION 17. Section 5.08.100 of the Huntington Beach Municipal Code is hereby
amended to read as follows:.
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ORDINANCE NO. 4346
5.08.100. Delinquent Payment--Penalty
For failure to pay a license tax when due, the City Treasurer shall add a penalty of 10%
of the license tax on the first day of each month after the due date thereof.
SECTION 18. Section 5.08.160 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.08.160. Replacement—Fees.
A duplicate license, license decal or license plate may be issued by the City Treasurer to
replace any license, license decal or license plate previously issued hereunder which has been
lost or destroyed upon the licensee filing a statement of such fact, and at the time of filing such
statement,paying to the City Treasurer a fee as adopted by resolution of the City Council.
SECTION 19. Section 5.08.170 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.08.170. Posting and Keeping
All licenses must be kept and posted in the following manner:
A. Any licensee transacting or carrying on business at a fixed place of business in the
City shall keep the license posted in public view upon the premises where such
business is carried on and have in or upon the licensee's business vehicles the
business license or other form of license as designated by the City Treasurer issued
for such vehicle.
B. Any licensee transacting and carrying on business but not operating at a fixed place
of business in the City shall keep the license upon his or her person at all times
while transacting and carrying on such business and have in or upon each of the
licensee's business vehicles, at the time of operation in this City,the business
license or other form of license as designated by the City Treasurer issued for such
vehicles.
SECTION 20. Section 5.08.180 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.08.180. Application--Contents
Before any license is issued to any person, unless otherwise provided in this title, a written
application by the applicant shall be made to the City Treasurer,upon a form to be secured from
the City Treasurer and which application shall contain the following information:
A. The exact nature or kind of.business,profession, show, exhibition, game, occupation
or enterprise for which the license is requested;
26-17581/402599 12
ORDINANCE NO. 4346
B. The place where such business,profession, show, exhibition, game, occupation or
enterprise is to be carried on, and if the same is not to be carried on at any permanent
place of business,the places of residence of the owners of the same;
C. Any further information which the City Treasurer may require to enable him or her
to issue the type of license applied for;
D. In the event that application is made for the issuance of a license to a person doing
business under a fictitious name,the application shall set forth the names and place
of residence of those owning the business, profession, show, exhibition, game,
occupation or enterprise.
SECTION 21. Section 5.08.200 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.08.200. Error by City Treasurer—Correct Amount Due.
In no case shall any mistake of the City Treasurer in stating the amount of a license
prevent or prejudice the collection by the City of what should be actually due from any
person carrying on any business,profession, show, exhibition, game, occupation or enterprise
subject to a license under the provisions of this title.
SECTION 22. Section 5.08.220 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.08.220. Statements Not Conclusive Determination.
A. No statements shall be conclusive as to the matters set forth therein,nor shall the filing
of the same preclude the City from collecting by appropriate action such sum as is
actually due and payable hereunder. Such statement and each of the several items therein
contained shall be subject to audit and verification by the City Treasurer.
B. All licensees,applicants for license,arid persons engaged in business in the City are
required to permit an examination of such books and records for the purposes aforesaid.
C. The information furnished or secured pursuant to this section or Section 5.08.210 shall
be confidential except that information which is deemed to be public records pursuant to
state law. Any unauthorized disclosure or use of such information by any officer or
employee of the City shall constitute a misdemeanor and such officer or employee shall
be subject to the penalty provisions of this title in addition to anyother penalties provided
by law.
SECTION 23. Section 5.08.230 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.08.230. Failure to File Statement.
26-17581/402599 13
ORDINANCE NO. 4346
If any person fails to file any required statement within the time prescribed, or if after
demand therefor made by the City Treasurer, such person fails to file a corrected statement, the
City Treasurer may determine the amount of license tax due from suchperson by means of such
information as he or she may be able to obtain.
SECTION 24. Section 5.08.250 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.08.250. Additional Power of.City Treasurer.
In addition to all other powers conferred upon the City Treasurer, he or she shall have
the power, for good cause shown,to extend the time for filing any required sworn statement for a
period not exceeding 30 days, and in such case to waive any penalty that would otherwise have
accrued in accordance with the City Charter and Municipal Code;and shall have the further
power, with the consent of the City Council, to compromise and claim as to amount of license
tax due.
SECTION 25. Section 5.08.280 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.08.280. Examination of Business Place.
The City Treasurer, in the exercise of the duties imposed upon him or her hereunder, shall
examine or cause to be examined all places of business in the City to ascertain whether the
provisions of Chapters 5.04 through 5.16 of this title have been complied with.
SECTION 26. Section 5,08.290 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.08.290. Officers' Right of Entry.
The City Treasurer, code enforcement officers, and any police officer shall have the power
and authority to enter,free of charge at any reasonable time,any place of business required to be
licensed herein, and demand exhibition of the licensee's business license.
Any person having such business license theretofore issued, in his,her or its possession
or under his, her or its control,who willfully fails to exhibit same on demand, shall be guilty of
a misdemeanor and subject to the penalties provided by this title.
SECTION 27. Section 5.08.300 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.08.300. License—Revocation--Suspension.
A. Any licensee who is conducting the business licensed in such a manner as to be
detrimental to the public health, morals or safety of the general public or shall permit
the violation of City ordinances, state laws or the laws of the United States of
America within its licensed establishment shall be subject to having its license
suspended or permanently revoked by the City Treasurer.
B. The licensee shall be provided with written notice by first class mail,postage
26-17581/402599 14
ORDINANCE NO. 4346
prepaid, of such revocation and/or suspension.
SECTION 28. Section 5.08.310 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.08.310.Appeal.
Any person aggrieved by any decision of the City Treasurer under Huntington Beach
Municipal Code Chapters 5.04 through 5.16 may file an appeal with the City Clerk within 15
days of the date of mailing of the notice of revocation or suspension, and, at the time of such
filing,pay a fee as adopted by resolution of the City Council.
SECTION 29. Section 5.16.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.16.020. Rates per Employees—Minimum License.
The minimum license in each classification shall be$75.00 per year.In any case where a
licensee or an applicant for a license believes that this individual business is not assigned to a
proper classification under this Chapter because of circumstances peculiar to it,he or she may
apply to the.City Treasurer for reclassification. Such application shall contain such information
as the City Treasurer may deem necessary and require in order to determine whether applicant's
individual business is properly classified.The Chief Financial Officer shall then conduct an
investigation,following which he or she shall assign the applicant's individual business to the
classification shown to be proper on the basis of such investigation.
SECTION 30. Section 5.16.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.16.030. Application for Reclassification--Action.
The City Treasurer shall notify the applicant of the action taken on the application for
classification. Such notice shall be given by serving it personally or by depositing it in the
United States Post Office at Huntington Beach, California,postage prepaid, addressed to the
applicant at his or her last known address.
SECTION 31. Section 5.70.015 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
5.70.015. Statements and Records.
A. Person(s)required to obtain a sex-oriented business permit shall maintain
complete records which can be segregated with regard to all transactions involving such
products, merchandise, services or entertainment which are sufficient to establish the
percentage of gross receipts of the business which is derived from such transactions.
B. Such records shall be maintained for a period of at least three years.
C. No person required to keep records under this section shall refuse to allow
authorized representatives of the City Treasurer or his or her designee to examine said
records at reasonable times and places.
26-17581/402599 15
ORDINANCE NO. 4346
SECTION 32. Section 14.080.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
14.080.010. Application Form.
A. Before water can be served from the City mains to any person or for any premises,
such person or the owner or occupant of such premises shall be required to provide the following
information by telephone, in writing, or by any other means as deemed acceptable by the
department:
1. Name of responsible party (individual or business);
2. Social security number;
3. Driver's license number or passport number;
4. Business license number (if applicable);
5. Address of premises to be serviced;
6. Date on which the applicant will be ready for service;
7. Name and address to which bills will be mailed or delivered;
8. Description of applicant as owner,tenant, agent,builder,or property manager;
9. Contact information which may include but is not limited to primary contact
phone number,mobile phone number, fax number and employer phone number.
B. Failure to provide the information listed above may require the applicant to
apply for services in person on a form provided by the City Treasurer.
26-17581/402599 16
ORDINANCE NO. 4346
SECTION 33. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 5rd day of March , 2026.
Mayor
ATTEST: INITIATED AND APPROVED:
14/14' .9.(PAAA-&(5)
City Clerk Ci easurer
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Manage? City Attorney
26-17581/402599 17
Ord. No. 4346
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, LISA LANE BARNES,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of .
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a Regular meeting thereof held on February 17,2026,and was again read to said City
Council at a Regular meeting thereof held on March 3,2026, and was passed and
adopted by the affirmative vote of at least a majority of all the members of said City
Council.
AYES: Twining, Kennedy, McKeon, Van Der Mark, Gruel, Williams
NOES: None
ABSENT: Burns
RECUSED: None
I,Lisa Lane Barnes,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published in
the Huntington Beach Wave on March 12,2026. 4?iL
Si'
In accordance with the City Charter of said City. �v
is Lane Barnes,City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
LEGISLATIVE:DRAFT
HBMC CHAPTER 118
1,18.020 Definitions
The following'terms&phrases as usedin this Chapter;
Building Violation.Any violation of this Code pertaining to buildmg,plumbing,electrical,or
other Similar structural or zoning regulations Set forth in thiS:.CodethatdOesnot:create an
immediate danger to.health or Safety,
Citation.An.jadministrative citation issued pursuant to this eChapter. Citation includes a notice
of nOncOrreetiOn UnlesSthe context clearly-ShoWS bdietWite.
Citee.PetsOfigiven an administrative Citation.charging him Or her aSareSpotiSible person fat a
09.kAP14024.
City Attorney.The City Attorney or his or her designee,
City Treasurer:The City Treastiter Or his or her deSignee..
Enforcement Officerl Any City employee or:agent of the city designated by the Directorof any
City department Width has theauthority and responSibility enfordeprovisions of this Code.
FihaneeDireetor. The DiteCtor of the Cityi.s Finance Department&his or her deSignee.
Hearing Offieeki,The person appointed by the City Manager to serve as the hearing officer for
administrative hearingS.Prier to conducting hearings the hearing officer niuStfirst be Certified by
the City Attorney ,as qualified to provide a fair and impartial hearinghaSed on apprOpriate,
education,training and experience:
Issued Giving a citation to the piteeandiSatanceoCcUra On the date when koitaticiA is personally
served on the cited,the date it is mailed to thecitee,or date it is posted onreat property Where
a prOperty related Violation
Issuing'Department.The City department that has the authority and responsibility for enforcing
the code seetion(S)designated on,a citation.as having been:vielated.
Responsible Pei son A responsiblepetSonis any of the following;
:I. A person who causes a code violation to occur.
2. Aperson Who:maintains&allowsa code violation to continue,byhis other actionor failure
to act.
3. A person whose agent,employee,Or independent contractor cauSes acode vielationby its
action&failure tO att.,
4: A person who is the owner of,and a persOn.who is a lessee or sublessee with the etittent
right of possession of,real property whew.aproperty related code violationoccurs:
51
.5. A perSoirWho is the MI-site Manager of ahtiSineSs Who normally works daily at.the site when
the bitsineSsiS ciperond is responsible fOr the activitieS at$UCh premises,
For purposes of this subsection"person" includes.a natural person or legal Ont-4,.and the
owners;majority stockhOldem;corporate offieers;:trusteeS,,and,gerteral,partners of a legal
thlity:
Timm shall be a legal:rebuttable presumption that the recorOowner of,aparceiaccording to
the county's latest equalized property tax assessment iolls and 4;lessee or,sublessee of a
parcel:has notice of any cede violatiOn existing on the premises.
For the purposes of thiSeChapteri There may be more than One responsible pOrsop for a code
violation,and athindr at least 14 years of age may be a.responsible tittizin'subjddtOithe provisions
of this pChapter
Notice of NOncOrreCtien. A reissuance of an original citation for a:building violation which notes
a violation(s): the aigbat citation has not been corrected within the applicable correction
'period,
•
52
_LEISLATIVE DRAFT
hemc.ckApTER 2.15.
5.030 Dire4or—Powers and Duties,
The.Chief Financial Officer shall be appdinted by the City Manager.The Chief Financial Officer
Shall have the following power&.and duties';
A. :Direct,plan,eorgartize and epordipate programs and activities of the Finance Department
B. Establish and maintain a system of financial procedures,,accounts:and controls for the
City governffiontand,e4Ch of its()Wes;officers,departmentsAttagericies..
C. Provide direction for the control of all expenditures to insure that budget appropriations'
are not exceeded.
1/- —.----Managethe-busiriess,lieense-furietions.4rieludingthe4ssuari4e-.efterfeits,,
• B.D. Direct arid administer the City's: centralized purchasing function with regard to
:.procuremerit of all supplies;serViceS arid equipment all City departments.and agencies'
of the City
P. AdnaiiiStration and enforcement of appropriate Sections of Title 5 of the Huntington
00519kM110ie4170;.-Oedeei4tiPg-fe- kisiftP*-1km§irig7
Q.E. Administer and enforce:all Municipal CoderegulatidriS regarding finance and.purchasingincluding buttflrnftcd
1. Huntington Beach Municipal Code Licensing PrOcedures(Chapter 5.0 )
2. flizitingtonlI deh Municipal Code Natural ReSeurce Production(Chapter 5.32).
3. Transient Occupancy Tax,(chapter'3.28)
Late Charges(Chvter 3.14)
5. .:Service Connections(Chapter 14.08):
6. Fees,Rates and Deposits(Chapter.11.12)
53
LEGISLATIVE DRAFT
IHI3MHAPTER:.2,16:
2.16,020 Powers.
The City'Treasurer. Shall have the power to
A. Receive on'hehalf of the.City all assessments, license fees,.,and Otherrevenues of
the City,-offer the collection of,which the City is responsible,:and receive.all taxes oi
other money receivablehy the City from the County, State, Or Federal Governments,oi
'from any dbiirt,:ot.fititaariy Office,:departMent„Orageneyof the City.
.B, •`..144Ve•and.lceep custody of all public funds-belonging io or under control_of the Cityof any
office,department.nr agency of the city,-government and deposit or cause designated by
resolution0f the City Connell,Or,if noSuChtesOlutionbe adopted,then is such depository
designated in writing by the City:Manager,;and incompliance:withaltof the provisions
Of the State Constitution and laws.of the Stategovernrng the handling, depositing,and
seething of public funds.
C Pay out,monies-only on proper orders:or warrants inthe manner provided for in the.
City. barter.
Prepare and submit to the Finance Director or,Chief Financial Officer monthly written
reports of all receipts, disbursements,and fund balances, and.:shall file copies of such
reports with the,City Manager-and City:colincir..
Manage the BuSineSs License functions Of the,City.
:2.1$930 Treasurer--pupes.
The City Treastirer.,Shaa be the head of the City Treasurer's:Department and shall beelected
by the vOters.The City Treasurer shall have the duties set forth in the City-Charter,and the
•follOWing duties;
:.Plans, organizes, aiieets, and emanates all. programs and .activities:'of the city
Treasurer's Departinent.
B. Determines ana.aireets(aepattinent policies,procedures„...ana.oganizatiOn,
C. Obtains onto.,for the investment of funds under his or her. control., ,authorizes
purchases„ maintains documentation, .receives; payments, 'Schedules Maturities,.
authorizes fund transfei s, calculates and makes'daily repurchase agreements, and
establishes and maintains: an Investment Policy pursuant. to the California
OnVerninent Cede.'
Establishes and controls all.bails accounts, negotiates services and contracts.with
bank,makes daily.deposits,handlesieturned checks and reconciliation theretif..
Collects inonies owed to the City whetherhy tax;"fee,:eharge,judgrnerit.Settleinentior
otherwise, letters,phone calls, and collection ageneies.aSreouited; and may
write Off.unenlleetible items up tO.$10;000..00 without further authorization,between
54
$10,000,0 and$0,000.00 with the prior approval of the City Manager and in excess
of$50,Q00,00.With city Council aPproVal:only.
F. MakeaCaShilowprojections on a Weekly:andlmontlify basis.
G. M'anãge the Business License o:'da.tion: th-f the issuance& ertLits,EeibtOf
oil well royalties,and thetransient occupancy.tax.
G.ILReceives all City monies including taxes,fees,water,sewer and trash fees including
Oil well royalties and transient occupancy(taxes.
HI Maintains all trusts,bonds,security agreements,and funds for the City including
the:filing,depositing,refunds and releases,letters Of release,andingtilrieS relating:
thereto.
Prepares, submits,and administers the annual budgetfor hit miler department.
J.K. Performs such other duties and has such other powers as the'City;Condit may
establish hereafter by resolution consistentwith the City Charter.
KJ,. Administer and enforce all Municipal Code regulations regarding the collection oftnonies
pvved to the City.
55
•
• LEGISLATIVE DRAFT.
HBMC CHAPTER 3.28:
3.28.080 Registration.
. .
Within 30 days:after the effective date of the Ordinance codified in this eCbapter; or' fithin,30
days after commencing hrtaineas;whichever is:later;each operator Of any hotelrenting-occupancy
to transients.shall register said hotel with the Finance Director City Treasurer andobtainfroin
him or her a "Transient:Occupancy Registration Certificate to be at all times:posted in a
conspicuous place ontheprerniseS.Said certifidate.shall,among otherthings;state the following:::
A. The'name of the operator;
B.. The address ofthe hotel;
•C. Thedatetiporywhith the certifiCate was issued.
T) "This,Transient Occupancy Registration'Certificate Signifies:that the person.:tramedon the
face hereofhos fulfilled the requirements of'Qbapter:3:.28 by registering withthe Finance
Director City Treasurer for the purpose:of collecting from transients the Transient
Occupancy Tax and remitting said.tax to the City TreaSUrer..This certificate does not
authorize any person to conduct any unlawful business or to conduct any lawfiilbusinesS
in an unlawful Mariner, nOr to operate a hotel without strictly complying with all IOW
applicable laws, including but not limited to those requiring a permit:from any board;
orrnissiOn;,departinent or Office ofthis city.This certificate do eSpot cOnstitute Oita"
3.28.090 RepOrtihg atid Remitting.
.Each operator shall file a report each month on forms provided by the Finance Director City
. :Treasurer of the total rentScharged and:received and the amount of tax collected fOr transient
occupancies for the preceding month: The full*fount of taj.c.:eohetted shall be xernittedto the
City TreaSuret.:Said tax collected by each operator during a calendar Month; is:due and payable
and must be received by the City by the last business day of the first month following and shall
be delinquent and subject to the penalties noted in Section 3;r28;l100 of this:a-Chapter on the first
day of the second month folloWing.Saidreport shallbefiled at the same,time the tax is remitted.
Returns are due and payable and delinquentinunediately upon. cessation,of business for any
reason: All taxes collected by operatnoptirstiant:to this sChapter shall be held*WO'fOr the.
account Of the.City lintilpaynient isinadeto.the city Treasurer.
348490Y'entritits apcUnterest:
The following shall giVe se to penalties and interest:
A. Original. Delinquency. Any operator who fails to remit any fax imposed by this
eChapter within the:tinie required shall pay a penalty Of I OtY0 of the amount of the tax
in addition to the amount oftlietaX.
B. Continued Pelinqueney.Any operatorviho fails to*meet any delinquent renliftanee:
on or before a period of days,following the date on which the remittance Atst
56
,became.deliaquentshall:.pay a second..delinqu ericy penalty.of.1•:0%'of:the aniouiit.of
the.tax.in addition:to the:amount;of the tax and the 10%9 penalty first imposed:.
C. Fraud.,If the Finance Dii:cator City•Treasurer determines:that:the non-payment-Of
any remittance due under;this-eChapter is due to:fiaud,a•penalty:of 25°%afthe amount
of the.tax':shall be added thereto in addition to the penalties stated in:subsections A.
and..B of this section.
D. Interest,In addition to the penalties imposed,any operator who:fails to remit any tax
iinposedlit this eChapter shall pay,interest at the rate of enerhalf one-half of one percent per
month, or fraction thereof,on the amount of the tax,.exclusive of penalties,;`frormhe
date on which the remittance'.first-became delinquent until paid.
E. 'Penalties•Merged With Tax: Every penalty imposed arid such interest.:as=accrues
und0 the provisions of this:section shall become a part of the'tax herein required:tobe
paid.
3:Z8.110.Failure to.Coliect.and.Report Tax—Determination of Tax bvCity Treasurer,
If any:operator shall fail or refuse to collect:said-tax and to.make,within flue time'.provided
in;this eChapter, any.:report and remittance of said tax or any portion thereof.required by
this.-eChapter, the:° 3c r.City Treasurer:shall proceed in such..manner.as he.or
:shemay deem.best:to.obtain.facts and information on which.:tabase:.his.or her estiiiiate Of
the tax .due: As soon as the Finance Direct City Treasurer;shall procure.such facts and
informationas:he or she is able to obtain:upon which to base the assessment of any tax:
imposed by this eChapter and payable by`any operatolwho has failed,or refused,to.collect
the same.and to.make:such report and reinittance,he or she shall proceed to:determine and.
assessagainst:such operator the tax,:interest.and,penalties provided-for-by this eChapter:.In.
casesuch determination is'made,the:F:.,.,nce D rectoE City Treasurer:shall give:a notice of
the;amount so assessed by serving,itpersonally or:by:depositing itin the United States mail,:
postage.prepaid, addressed`to'the-.operator so assessed at his'or'her last known place of
address, Suich:operator may within la days after the serving or:mailing'ofsuch notice make,
application in:writing.to/the Finallee-Diree Ci • Treasurer fora hearing on the amount:
assessed:If application byte operator for a hearing is riot'made within the time.prescribed,.
the tax,'interest and penalties,.if.any,;determined by the Finance:Director.City Treasurer
shall;become fiial andconclusive and immediately:due and payabll e to the.City Tieasurer..If
such.applicationismade,the'1 City Treasurer:shall give not less than five days
written notice in,the mannerprescribed:herein.to;the:operaator to show.cause at a.time and
place fixed in said.noticewhy said amount specified theiein should notbe fixedfor such.tax,
interest and penalties.At.such :hearing, the 'operator'may appear;and.offer evidence.why
such specified tax,interest and penalties should not be so`fixed. After such hearing the,
Finance Director City Treasurer shall determine.the proper tax..to be remitted and'shall
-thereafter.give;written=notice to'the person and,in'the Mariner prescribed herein of such
determination and the amount:ofsuchtax,interest and penalties..The amount determined to
be due:shall-be:payable to the City Treasurer:after 15 'days`unless. an:appeal is taken,as
:provided:in Section1.28. 120.
57
1.:18.120,Appeoi.i
Aoy.:opOat#aggrieved by any,decision of the Finance Director City'Treasurer with respect to
the amount of such tax,interest and penalties,if any,may appeal to the City Council by filing,a
notice of appeal with the City Clerk within. 15 days. of the serving oi mailing of the
determination of tax doe,The Council shall Ilia time and place:ter hearing such appeal;andthe.
City Clerk Shall give notieeln.writing to such operator at his or.herlaSt known place of adtlrest.
The findings•of the Council shall be final and conclusive and shall be served upon the-.appellant
:in the.:mamiey prescribed above for service of notice of hearing. Any.arnOnnt'fOund.16 be due
shone:iinmedi4ely dite.and payable upon theserViee of notice.
No injunction or Writ of inandate-or other legal&equitable process shall iSSUein-atiy:Snit;action
or-proceeding in any court against the City or an officer thereof to prevent OrenjOinthe:c011ection
of taxes sought to be.collected pursuant:to this:eChapter and payinentof all tax, interest,.and
penalties shall be required as:a:conditionrecedent-to seekingludicial reVieWbf anytaxliability,
3,20430 kacords.
It shall be the duty.of every:operator liable for the collection and payment to-die.Cityof any
tax imposed by this. Chapter to keep and preserve,for a period of three-y.dars,all records.as
may be necessary-to determine the atheunt of Such:tax:as he.9,17 she may have been liable for the
collection of and payment to the City,which ttdOttN the fifiand.e-Direetef City Treasures have
the right to inspect at all reasonable
:3,20440 RefUnds.
The f011OWi4Sliall warrant a refiinch
Whenever the amount of any tax,has been overpaid or paid more than once Or has been
erroneously-or illegally collected or received.by the City Treasurerunder thisoChapter,:it
may.be refundedas provided inthis spetion.
b. The City Treasurer may refund anytaxithathaS beenOverpaid,paid morethanOtice,or
.hasbeen,erroneously or illegally,collected or received by the City Treasurer under
this cOtapter;proVided that no reftind shall be paid 'theprovisions.pf thesection
Unless the claimant or his other guardian;conservator,executor or administrator has
submitted 4:v4*o-claim,under penalty:Ofperiary,to the City Clerkwithig.one.year
of the overpayment or erroneous,or illegal collection of said tax, must
clearly eStablish:claimaitt'S right to the refund by Written records ShoWirig entitlement
thereto Nothing 1101.4 shall permit the filing of arefund claim on behalf of a!ClOsS
or group of taxpayers. Where the amount of any individual refund-claim is in excess
of$5;900,0Q,City Council approval shall be required.,
c. Itis the in tent of theCity thattheonelear written Claim.requirement of thissedtionbe
given retroactive.effect,provided,however, that any claims WhieharOSe ptiortothe
enactment of the one-year claims period of this section,and which ate not otherwise
barred by a then-applicable statute-of limitations of claims procedure;:MUSt be filed
with the:City Clerk as prOVideld in subsection B. of this::Section Within:9Q days
58
f011OWing:theeffeCtive date Ofthe ordinance codified in thiS Section.
d. The city Tteasther,or the City COunbil,Where the claim IS in excess of$5,006..00 and
the City:Treasurer has appOved1110 claim,shall act upon the refund claim within 45
days.of the;initial:receipt of the!refund claim Said decision shall be final If the
Treasurertcity Council,fails or refuses to act on ar refund claim within the 45-day
period,.the CLAIM shall be deemed to have been rejected by the:CityTreasurer/City
Council onthe.45th day.ThetreaSnret.ghairsgiVentitite of the actieriin a forin which
substantially complies with that Set forth iii Government Code$detion.913.
e. The filing of a Written claim is aprereiinisite to any Suit:there:On.Any action;brought
against the City 'pursuant to this section shall, be,:snbject, to the provisions: of
:government codeSections 945k,,and:940.
.3.28450 Actions to cciliett:
Any tax to be paid by any transient under the provisions of this.eChapter'shaltbe
deemed a debt owed by the tranSient to the City..Any such tax;collected by an.operator
which has not been paid to the'City shall be deemed a debt owed by the operator to the City.
Any person owing money to the CitY.under the provisions of this(Ohapter shall be liable
to an action brought in the name of the City of Huntington Beach for the such
amount.
3.28;100 Failure to Register.
.Any operator or other person who fails or refuses.to:register as reunited iierein,Or to furnish any
return required to be made;,:br who fairs or refuses to furnish a suk3leineritalretnrn or other data
iequired by the,Fihtthat.City Tieaghret, of who fenders d.falSe.Pr.fratidulent return ot
claim,is guilty 04 misdemeanor::Any person required to make,render,signor way:any report
,or claim pr who makes(any false or fraudulent report pr claim with intent to defeat or evade the
determination of any;ahovnt due tecipoedhy thi$coaptetteheTim*si$guilty:of aniiademeatior.
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LEGISLATIVE DRAFT
FIBMC CHAPTER 5.04
5.04.060 Permit From Council Required for Certain Businesses.
No license shall be issued for the conduct of any business which, in the opinion of the Finance
Director City Treasurer would be detrimental to the public health, safety welfare or moral
standards of the City until a permit shall have first been obtained from the City Council or
appropriate City department,
60
•
LEGISLATIVE DRAFT
HBMC CHAPTER LOB
4.08.015 Evidence&Doing Btisiness,
When any person shall by.use of signs;eironlars,.cards;telephonebook or newspapers,advertise,,
:hold out;.or:represent thatthe person.is iiibuSiness in the City,.or when any person. holds
active license ,or permit issued by a governmental agency indicating-that the,person is in
business in the,City, and such person fails to deny.by:a sworn statement to the City Treasurer:
Finance Director.that they are conducting business in the City,,after being requested to do so-by
the City Treasurer Finance Pirector oi authorized employees of the City;then these facts shall be
considered prima facie.evidence that the.person:is conducting abusiness.in the.City..
5.0812I Exerriptkons--Gerierally.
Nothing in this shall be deemed ot construed to apply to any persontransacting.andearrying
on.any business exempt by Arnie of the Celia-tilt:Akin-or applicable statutes of the United States
or the State of California from payment of such taxes as areherein preSeribed..
InteittakConimetee„None of the lidense taxes proVided.fOr by this title shall be
so applied as to occasion an undue burden upon interstate coinmerce.:In any case where a
license taxis believed byalieensee or.appliCant for license to place an undue burden upOn.
such commerce,he or she may apply to the City Treasurer.Finance Dfreetorfor. an
adjustment of the tax so that it.shall not he discriMinatotypr unreaspnableaato such
cernmeree. Such application may be Made before, at oi within six months after-payment of
the prescribecl license tax The applicant shall,by affidavitand supportingtestinkony;shOW:
:his or herniethed OfbliSineSS and theaveragenitmbet of einplOyees orestimated average
Amber of einployeeaand-Stteh Other information As.the City Treasurerinanet,DireotOr
may deem necessary in otderto determine the extent,if any,of such undge burden on such.
commerce.The City:Treasuter Finance Director:.shall then conduct an investigation, and
after having firSt obtained the Written approval of the City Attorney,subject to the.
approval of the City Council,'shall fix aathelicenSetax.for the'applicant,.Alt amount that
is reasonable and nondiscriminatory,or if the lieenSe tax has already been paid,shall
order areftnidef the amount-over and above the license tax so fixed _Infixing:the:license
tax to be charged,the City Treasurer Finatee-Direetof shall have the to base the
license talc'.upon the Average nuinber,of employees otany other measure which will
ensure That the license.tax assessed shall be:uniform with that'assessed,on businesses of
likenature, so longas the amount assessed does not exceed the license tax as prescribed
by this title. Should the City,Treasurer Finance Director determine the averagenumber of
employees measure of license tax to be the proper basis,he or she may require the
applitantIO,stibmit,either at.:(he'tithe of termination of apPlicanfsinthiness in the City or
at the end of each three-month peridd,.a swoni,statement of the average number of
employees and pay the amount of license taXtherefdr„prOVidedthat no additional lieeriSe.
tax during any one calendar year shall be required'after the licensee Shall have paid an
ainountequal to the,annual licensetaxaS presctibedin thiatitle,
I. Anypersorcelaiming an exemption:pursuanttO this Cehapter-shaltfile a verified
statement with the City Treasurer stating.the facts.upon.which exemption,is
61
.„..
2. The CitY.TreaSuret. ,:ifianee--gireeter hall, upon.a..proper showing;contained in
the verified statentent,..:stibjecttOapproval of the City Council,laana:d.licenSeto
such person claiming exemption Under this section without payment to the:city
of the'license tax required by this title:.
3. The City TrOtirOrFiñancegiving notice and a reasonable Oppertnnity
.for hearing to a licensee,:as provided inSeetionsiP.240 and..5....08,259.,may re-Vole
anylitenSegrantedpurSuarit.tOlheprOVisions of this.section upon information that
the licensee is not entiticd to theaxemption asprovided herein.:
Charitable and Nanprofit--Otganizations. As used in this title, 1,!ehatitable"and
"nonprofit otganizatiOns" shall include only religious,!charitable, -figetti41; educational,
military, state, county or municipal organizations.or associations!:as defined by Internal
Revenue Code Section..5.01(c). Tha proViSiotia::Of this eChapter shall nOt be deemed,or
construed to require the pun-lent of a license tax'to ConduCtrrianage Or tarty on any
business, occupation ,or activity from:any institution or organization,Obieh.is conducted,
managed.*Or.capied.-on wholly for the benefit of Charitable purposes or from.-which,profit is not
,dqdveck either:directly ot inditectly,by,-any peison,nor shall any license tax be requited for the.
conducting of any entertainment„Concert, exhibition or leettirOcin scientific, historical, literati,
religions or moral subjects within the City whenever the.receipts of any such entertainment,:
concert, exhibition pr lecture:ate to be apprOpriatecrat,any feln',Chot,school ot to any religiens.
or benevolent piwpoSe; nor :shall any :license-0'0e requited for the conducting of any
entertainment; dance, concert, exhibitioner lecture by a religious, climitable, fraternal,
educational, Military, state,:coiity,Or municipal organizations: or associations,.or lecture are.,to
be,appropriated -forthe purpose and object for which such organization.:ot association .yirs'-
forniedOnd.froni which profit is not either directly oa indirectly,by any person,provided,
howeVer,, that nothing in this section shall 'be deemed to. exert* anysueli organization or
association from complying with any of the provisions:ofthiSCode,requiring a'Wink from.the
City Colinoil or-other:City department,Or any commission ot:OffiO6f-to'Obildhot inanageor early
on any profession,.trade*linger.occupatien,
C. Disabled Veterans— Exempted When.'Every honorably discharged soldier; sailor or
. .
Mai inc the United States,Whols..PhySleally unable to obtain his otfiet livelihood by means
Of rnanual.labOr-and Who is.a.:qualifiedVoter of the State Of California, shall have the..right to
hawk,peddle vend,any goods,warcsl.othierobandiwowhedbYhitn..orher,except
malt, vinous: cit7.Other:intoxicating beverages,vithont,the payment of a license fee;subject,
-howevet,to the restrictions,.limitations,..regulations and'conditions.hereinaftet set forth. Every
applicant:Must'COMplyWith.thefolidWing:retluiremetitsbeford.a lieeriaarnay'belaSitethitider.the .
provisions ofthis sChapter:.
1, Every applicant Must furnish a.certificate of physical disability executed by a
qualified'st)rgpQn:of the United States Navy,Army; Marines,Air Force.or
& Public Health Service, a certificate of honorable'discharge from the United
States Navy,.Army,.Marines, Air;Force or :COast.Guard, and a Written..
recommendation from the;representatives of the:local posts of the.Ametican.
Legion and/Or thaVetetans Of FOreign Wars,
62
2. Every applicant-must furnish two identification photographs,:one,to:be attached
to the license issued to said,applicant, and the Other to be attached to the copy
retained by the City TitastiterTiriance Director: The applicant must also aiga,
both copies:of the license:at fh&Anne of the issuance thereof.
License Issuance QpntlitinnS.A license when issued is subject to the following
conditions;
a. It is nontransferable and for the exclusive Use of the licensee named.
Applicant's identification photograph must;be attached to the license at all
times,,and failure to comply herewith is grounds :for revocation of the
license :and for refusing its renewal or the issuance of a new :Heel*
thereafter..
The; licensee named must identify him or herself by his or her
Signature arid present a valid litonao wheneveftegnited to do so by a
:police officeror the City Treasurer Finance Director.
Every license Issued under the provisions of this.section shall expire
30 days from and after the date of issuance and a new:license-may
thereafferbe issued pursuant to the provisions Otis,section subject
to review by the City Treasurer Finance:Directoii:
e. It is unlawful for any person,other than the licensee named,to use or
have in his or her possession any license issued pursuant to the
provi4OnSof this seetien.
f. It is UnlaWfitl fOr any perSorito purchase or transfer any licenselssued
purstiantto the provisions of this section,or for any person to transfer
or. convey the,certificates Mentioned in subsection (C)(l) of this
section to any other person for the:purpose of Securing a license as
lierein'prOVided,
D Real Estate Agents: Persons licensed by the California Department of Real Estate
and having teir license placed with a broker licensed by the California Departmentof Real
Estate far purposes of SiiperViSion.and ecintiol,ds,required by state law,shall not be subject
to taxation under this title if their brolcer,paysthe tax:in accordance with the provisions of
this:title and Iiieludes,the real estate agent'aS.oneof its:etriployees for purposes of.any
computation Of the tax,:
SM.1Q0 Delinquent tayritentHIlenalty
Fot failure to pay a license tax due,the City Trostoor.sh011 direet-;theT4nakepireptor•
'to=add a penalty of ION of the license tax on the first day of each month after the due date
thereof.
63
5,08.160 Replacement4Fees.
A duplicate license, license decal or license plate may be issued by the City Treasurer
Finance Director to replace any license, license decal or licenae plate previously:issued
hereunder-Which has been.lost Or destroyed upon the filing a statement of such fad,
and at the time of filing'such statement,paying to the City Treasurer a fee as adopted by
resclutichcf the City Council.
15,08.170 Posting and Keeping:
All licenses must be kept and posted in the following manner
A. Any licensee transacting or carrying on business at a fixed places:of business in the City
shall keep the licensepOsted in public view upon the rpremises Where such business is.
carried on and have in or:upon the licensee's business vehicles the business license or
Other:forth of license as deSignated by the City.Treaauret Finance Pireetot Wuedfok such
•vehicle,
B. Any licensee tranaaeting and partying:on business hut not operating-at a fixed place0
business in..the City:shall keep the license Upon: his or her persen at.all tirnes while
transacting and partying on such business and'have.in.Or upon each of the licensee's
business vehicles,at the time of Operation in this City, the business license or'othetfOfit
of license as;designatedhy.theCity Treasurer Finance-Director isatted.fOrsuch vehicles,
.5.08?189 Application—contents.
Befote any license is issued to any person, unless otherwise provided in•.this 1,4 Written
application by the applicant shall be made to the City Treasurer Finance Directors upon a form to
be secured:from theCity Treaauter Finance Direetor, and.Vkieli application shall oontain,the
felleWing infOrtnatiOn:'
A. The exact nature.far kind of business,profession, show, exhibition, game, occupation ot
ent&rprisefOryvbiab the licensesia reAticated;
B. The place where such business, professich, show; eAlhittch, game, 9m:1N:dew,pT
enterprise is to be carried on, and if the same is.not to:he.carried on at any permanent
place of basihess,,the places Of reaidenee:of the Owners of the.Satith;
Any further information which the CitYTteasnrer;FinaneeHDir-eeter-may require to enable
him or her to iSsudthetype of lieerise optd for;
P. In the 'OW that application ia. for the issnanCe of a,license V::a pertOn doing
business under a fictitious name,,the,application shall set forth the names and placeof
residence of those owning the businesp .profesaion, show, exihibition, game, occupation
or enterprise..
64
5.0.8100 Error by City Treasurerfinanee4sireetor,Correct Amount Due
In no case shall any mistake of the.City TreaSuror.finarice Director In stating the ainonnt of:a
license prevent. or:prejudice the collection by the City of what should be actually due,from
any person Carrying on any business,pinfeSSiori,Show,exhibition,game,occupation ot enterpriSe.
subject toA.liceriSeinider the proViSiblis ofthis title.
5.08.;220 Statements-Not ConcInsivePetermination.
NO:statements shall be cencluSiVe as to the matters:set forth:therein, nor shall the.
filing of the same prechidethe Cityfrorii collecting by dppropriate adtiOriStiChsuinas:
is actually due arid payable herenrider, $001i:Stateinerit,and each of the Several:items.
‘therein contained shall be subject to audit arid..verigcation by the City Treasurer
r,inarie-Direetor.:
B. .All licensees,applicants for license, and persons engaged-in business in the City are.
required 10 permit an examination of;Such.'boas .and:recordS for the purposes:
Aforesaid.
The information furnished or secured pursuant to this section.or Sections
shall confidential except that information Which is deemed to be public records
put SO*to state law Any unauthorized disciosnre:py use of spojiiptotriAicio by any
officer or employee of the City shall constitute a misdemeanor and:such,officeror
employee shall be subject to the pendityprOviSidfiS.of this title iri addition to any
penalties provided bylaw.
5.()$.210TIOure to-FileStateinent,
.If any person fails to file;any tequired. statement Within the.time.1*. ttilleti, ot if after
demand therefor made by the City Treasurer:Finance Director, such person fails to;file A
corrected-statement,.:the City treastrerFinariee:-DireCtor may'determine-the.anithint. of
license tax,due from suphper soft by means ofsuch iiiforMatioa-a8 he 0:the may be able to
Obtain.
5.0.250.AdditiOnatPower.of city ilLtAgiuktr4naneeTRireetor;
In addition to all:Oho-Powbra-c0aOrra upon the. City Treasurer Finance Duector, he
or.:she.sliallhaye thepower,..fpr good cause extend the time fOr filing any requited
swpgi,statementfor a peOpd,ript exceeding 3,0'days,and in.such case to waive any penalty
thatwould otherwisehaveaccrued'in accordance with the City Charter and Municipal Code;
-
and shall have the father power,with.thedonsent Of the City Coundil,te POinpittniSe and
plaial as to amount of license tax due.
5.08.280 EXAM inOkntof Business
The.City Treasurer FiriariceDirector„.in the'exercise of the duties imposed upon hirriorter
hereunder,!shall examine 'or cause to be examined:all places of business in the,city to
ascertain Whether the,previsiOns:Of Chapters"5.04'Through: 5.16 Of this.title have been
complied With.
•
65
5.081901 Qffieers'Right of Entiy.
The Ci Ilya:gamer Finance Director,code,enforcement officers,and any police officer shall
have the power and authority to enter,free of charge at any reasonable time, any Place of
btisinessreqUired to lieensed herein, and demand exhibition of the:licensees business
license.
Any person having such business license theretofore issued,in his, 1.et ot its pOssessionor under
his, her or its control, who willfully fails to exhibit same on denrand, shall be guilty of a
miscremeaner and.subject to the penalties provided.by-this-title.
5.08.300 Liceose7—Revocation—SUSpertsion.
A. Any 'licensee who is conducting the business licensed in, such a manner as to be
detrimental to the public health,morals or safety of the general public or shall permit the
violatiert of City Ordinances,state laws or the laws of the United States of Ainerica within
its establishment shall be subject to having its license suspended or permanently
teVoked by the City Treasurer Finance Director.
:B. The licensee shall be provided With wiitten notice by first class.inail,postage prepaid,of
such revocation and/or Suspension.
5.08.310 AppeaL
Any person aggrieved by any decision of the City Treasurer Finance Department under
:Huntington BeaChMunitipalCodeChapters 5 04 through 8.16 may file an appeal with the City
Clerk within 15 days of the date of mailing of the notice of revocation.Or suspension,:and,at the
time of such filing„paya fee as adopted by resolution oftheCityCouncil.
•
66
1
LEGISLATIVE DRAFT
HBMC CHAPTER 516
5.16.020 Rates pet EmployeesMinirlium,License.
The minimum license:in each classification shall be V75.00 per,year.:In Any case where Alleensce
or an applicant for a license,believes that this individual business is not assigned to a proper
classification under this eChapter betause of circumstanceS,peculiar to he&she may apply to
the City, Treasurer. Finance Director for reclassification. Such.application shall contain such
information as the City Treasurer Finance Director may deem necessary arid require in order to
determine whether.applicants individual business is properly clasSified. The Finance Director
shall then conduct,an-investigation, following which he or she shall assign the applicant's
Individual buSineSS'to the classification shown to be proper eh the basiS ofSuch investigation.
546,30 Application fer ReclOsiticetiblyActioP.
The City TreaSurer,Finaftee-Department shall notify the applicant of the: action taken on the
application for claSsification. Such notice shall be given by serving it personally or. by
depositingit in the United States Post Office at Huntington Beach, California,poStage prepaid,
addressed to the applicant at his Other last known address.
•
67
LEGISLATIVE DRAFT
fRIMC CHAPTER 5.70
5.70,015 Statements and Records.
A. Person(S) required to obtain a sex-oriented business perthit shall maintain complete
records which can be segregated with regard to all transactions ,involving such
proclucts,‘merchandise,services or entertainment which are sufficient to establish the
percentage of gross receipts of the business-which is derived from such transactions.
B. Such records shall be maintained for a period of at least three years.
C. No person required to,keep records under this section shall refuse to allow authorizecl
representatives.of the City Treasurer FinanceDireeter or his or her designee to examine
said records at reasonable times and places.
•
68
LEGISLATIVE DRAFT
H1314C cliAPTER 14.08
14.08.010 Appiiptic*
A. Before.water can be served from the city mains to any person or'for any pretniseS,
Such person.or the owner or occupant of suCh:preinises shall be required to provide
the:folloWing:informatilori.by telephone,in writing,br by other means as deemed
acceptable by the-department:
I. iNalneof responsible party(individual Or buSiriesS);,
2. Social security number;
3. Driver's license=Aber or passportnumber;
4. Business license number:(if applicable);
5. Address ofpremises to be servicecl;;
,6. Date on which the applicant will be readyv fOr.service,
7. Name and address to winch bills will be mailed or delivered;
8. Description of applicant as owner,tenant,agent,builder,or proppitymanager;
9. Contact information which may include but is not limited to primary contact
phone number„mobile phone number,fax number.and employer phone number.
B. Failure to provide the information listed above may require the applicant to apply for
•services in person on:a form proVidPd bythe,diy trtasureiFinanea-Direette
69
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History and Context
Over the last 60 years, there have multiple delegations and re-delegations of
the City ."Treasurer's powers/duties under.".the City Charter that these ordinance
changes will resolve
• 1966 : Voters in Huntington Beach adopt City Charter governing city, including
a City Manager and 10 elected representatives (7 City Council members, City
Attorney, City Clerk, and City Treasurer)
❖ City Treasurer powers/duties assigned under Section 311 (a) to include
receipt and collection of all taxes , assessments , license fees , and other
revenue of the City
❖ Section 403 outlining City Manager duties/powers include provision that
all department heads (including City Treasurer) administer the City' s
affairs in the most efficient, fiscally responsible, and harmonious
manner
• 2006 : The Municipal Code was amended to delegate various City Treasurer
duties (including business license tax, oil well taxes , and municipal
services fees ) from the Treasurer' s Office to a newly created distinct
Finance Department under the supervision of the City Manager
• 2023 : The City Treasurer regained a subset of the City Treasurer duties (but
not business license tax, oil well taxes , and municipal services fees )
71
Charter Duties
Shifting the duties with respect to business license taxes, oil well taxes, and
municipal services fees to the City Treasurer in alignment with the Charter
will require modification to 9 Municipal Code sections
• Intent - Codify original duties to the City Treasurer with respect to
business license taxes , oil well taxes , and municipal services fees in
alignment with City Charter
• Required Council Action - Amend via Ordinance No . 4346 the following sections
of the Huntington Beach Municipal Code : 1 . 18 , 2 . 15, 2 . 16, 3 . 28 , 5 . 04 , 5 . 08 ,
5 . 16, 5 . 70 , and 14 . 08
➢ Each of the Code sections simply redesignates Charter powers/duties
related to either business license taxes , oil well taxes , or municipal
services fees and makes no other modifications to the respective sections
➢ These modifications are not intended to alter the day-to-day management
or organizational structure of the Business License or Municipal Services
teams
• Advantages - Making these amendments helps both the City Treasurer and
Director of Finance better fulfill their efficiency/fiscal responsibility
duties under Section 403 of the City Charter by streamlining all operations
related to business license taxes , oil well taxes , and municipal services
72
Recommendation
• Adopt Ordinance No. 4346 Amending an Ordinance of the City Council of the
City of Huntington Beach which Amends Chapters 1 . 18, 2.15, 2.16, 3.28,
5.04, 5.08, 5.16, 5.70, and 14.08 of the Huntington Beach Municipal Code
Relating to Duties of the City Treasurer
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PUBLISH DATE: 03/12/2026
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO. 4346
Adopted by the City Council on March 3, 2026
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTERS 1.18, 2.15, 2.16, 3.28, 5.04, 5.08, 5.16, 5.70 AND 14:08
OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE DUTIES OF
THE CITY TREASURER
SYNOPSIS:
Ordinance No. 4346 moves specific duties back to the.City Treasurer. The Huntington Beach Charter
Section 311 provides that the City Treasurer shall have the power and shall be required to receive on
behalf of the City all taxes, assessments, license fees and other revenues of the.City, or for the collection
of which the City is responsible.
The City Council previously amended chapters 1.18, 2.15, 2.16, 3.28, 5.04, 5.08, 5.16, 5.70, and 14.08 of
the Huntington Beach Municipal Code to delegate the City Treasurer's duties related to receiving and
collecting Business License Taxes, Oil Well Taxes, and Municipal Services Fees to the City Finance
Director.
COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting held
March 3, 2026 by the following roll call vote:
AYES: Gruel, Kennedy, Twining, McKeon, Van Der Mark, Williams
NOES: None .
ABSENT: Burns
This ordinance is effective April 2, 2026.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
714-536-5227
LISA LANE BARNES, ELECTED CITY CLERK
NM
Column
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Synopsis- Ord No. 4346 - Page 1 of 2
HE Wave
PUBLISH DATE:03/12/2026
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO.4346
Adopted by the City Council on March 3,2026
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH AMENDING CHAPTERS 1.18,2.15,2.16,3.28,5.04,5.08,5.16,
5.70 AND 14.08 OF THE HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO THE DUTIES THE CITY TREASURER
SYNOPSIS:
Ordinance No.4346 moves specific duties back to the City Treasurer.The Huntington
Beach Charter Section'311 provides that the City Treasurer shall have the power and
shall be required to receive on behalf of the City all taxes,assessments, license fees
and other revenues of the City,or for the collection of which the City is responsible.
The City Council previously amended chapters 1.18,2.15,2.16,3.28,5.04,5.08,5.16,5.70,
and 14.08 of the Huntington Beach Municipal Code to delegate the City Treasurer's
duties related to receiving and collecting Business License Taxes,Oil Well Taxes,and
Municipal Services Fees to the City Finance Director.
COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CITY CLERK'S OFFICE.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting held March 3,2026 by the following roll call vote:
AYES: Gruel,Kennedy,Twining,McKeon,Van Der Mark,Williams
NOES: None
ABSENT: Burns
This ordinance is effective April 2,2026.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
HUNTINGTON BEACH,CA 92648
714-536-5227
LISA LANE BARNES,ELECTED CITY CLERIC
Huntington Beach Wave
Published:3/12/26
Synopsis-Ord No. 4346- Page 2 of 2
NaVW ..._
INCLUDES THE
X
VALLEY VIEW
1920 Main St. Suite 225, Irvine
Irvine, California 92614
(714) 796-2209
legals@inlandnewspapers.com
City of Huntington Beach-City Clerk's Office
2000 Main Street
Huntington Beach, California 92648
Account Number: 5272431
Ad Order Number: 0011782155
Customer's Reference/PO Number:
Publication: Huntington Beach Wave
Publication Dates: 03/12/2026
Total Amount: $375.67
Payment Amount: $0.00
Amount Due: $375.67
Notice ID: 3Ix32SaletzUHUjXCCX4
Invoice Text: HB Wave PUBLISH DATE:03/12/2026 CITY OF HUNTINGTON BEACH LEGAL
NOTICE ORDINANCE NO.4346 Adopted by the City Council on March 3,2026"AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTERS 1.18,2.15, 2.16,3.28,5.04,5.08,5.16,5.70 AND 14.08 OF
THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO THE DUTIES THE
CITY TREASURER SYNOPSIS:Ordinance No.4346 moves specific duties back to
the City Treasurer.The Huntington Beach Charter Section 311 provides that the City
Treasurer shall have the power and shall be required to receive on behalf of the City
all taxes,assessments, license fees and other revenues of the City,or for the
collection of which the City is responsible.The City Council previously amended
chapters 1.18, 2.15, 2.16,3.28,5.04,5.08, 5.16,5.70,and 14.08 of the Huntington
Beach Municipal Code to delegate the City Treasurer's duties related to receiving and
collecting Business License Taxes,Oil Well Taxes,and Municipal Services Fees to
the City Finance Director.COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE
CITY CLERK'S OFFICE.PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting held March 3,2026 by the following roll call
vote:AYES:Gruel, Kennedy,Twining, McKeon,Van Der Mark,Williams NOES: None
ABSENT: Burns This ordinance is effective April 2, 2026.CITY OF HUNTINGTON
BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 714-536-5227 LISA
LANE BARNES, ELECTED CITY CLERK
Synopsis- Ord No. 4346 - Page 1 of 2
See Proof on Next Page
INCLUDES THE
FOUNTAIN
VALLEY VIEW
Huntington Beach Wave
1920 Main St.Suite 225,Irvine
Irvine,California 92614
(714)796-2209
2000 Main Street
Huntington Beach,California 92648
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA
County of Orange County
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years,and not
a party to or interested in the above-entitled matter. I am the
principal clerk of the Huntington Beach Wave, a newspaper
that has been adjudged to be a newspaper of general
circulation by the Superior Court of the County of Orange
County, State of California, on July 1, 1998, Case No. A-
185906 in and for the City of Irvine, County of Orange County,
State of California; that the notice, of which the annexed is a
true printed copy, has been published in each regular and
entire issue of said newspaper and not in any supplement
thereof on the following dates,to wit:
03/12/2026
I certify (or declare) under the penalty of perjury under the
laws of the State of California that the foregoing is true and
correct:
Executed at Anaheim,Orange County,California,on
Date: Mar 12,2026.
Cantica'
S/'!ure
Synopsis - Ord No. 4346 - Page 1 of 2
HB Wave
PUBLISH DATE:03/12/2026.
CITY OF HUNTINGTON-BEACH
LEGAL NOTICE
ORDINANCE NO.4346
Adopted.by the City Council on March 3,2026
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF'HUNTiNGTON
BEACH AMENDING CHAPTERS 1.18,2.15,2.16,3.28,5.04,5.08,5.16,
5.70 AND 14.08 OF THE HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO THE DUTIES THE CITY TREASURER
SYNOPSIS:.
Ordinance No.4346 moves specific duties back to the City Treasurer.Tile Huntington
Beach Charter'Section 311 provides that.the City Treasurer shall have the power and
shall be'required to receive on behalf of the City'all taxes,assessments;license fees
and other revenues of the City,-or for the collection of which the City is responsible.
The City Council previously amended chapters 1.18,2.15,2:16,3.28,5.04,5.08,5.16,5.70,
and 14.08 of the Huntington Beach Municipal Cocie to delegate the City Treasurer's
duties related to receiving and collecting Business,License Taxes,Oil Well Taxes,and
Municipal Services Fees to the City Finance Director.
COPIES OF THIS ORDINANCE ARE AVAILABLE IN THE CiTY CLERKS OFFICE.
PASSED AND.ADOPTED by the:City Council of the City-of Huntington Beach at a
regular meeting held March 3,2026_by-the following roll call vote:
AYES: • Gruel,Kennedy,Twining,McKean,Van Der Mark,Williams
NOES: None
ABSENT: Burns
This ordinance is effective April 2;2026.
CITY OF HUNTINGTON BEACH
2000 MAIN STREET '
HUNTINGTON BEACH,CA 92648
714-536-5227
' LiSA LANE BARN ES,,ELECTED,CITY CLERK
Huntington Beach Wave
Published:3/12/26,
•
Synopsis-Ord No. 4346- Page 2 of 2
�DN11NGro 2000 Main Street,
of � ,. Huntington Beach,CA
F
�� �_� Cityof Huntington Beach 92648
g APPROVED FOR INTRODUCTIOT
‘NeN � 6-0-1 (GRUEL—ABSENT)
Fcoom ���� AS AMENDED
File #: 26-128 MEETING DATE: 2/17/2026
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jason Schmitt, City Treasurer
VIA: Jason Schmitt, City Treasurer
PREPARED BY: Jason Schmitt, City Treasurer
Subiect:
Approve for Introduction Ordinance No. 4346 Amending Chapters 1.18, 2.15, 2.16, 3.28, 5.04,
5.08, 5.16, 5.70, and 14.08 of the Huntington Beach Municipal Code Relating to Duties of the
City Treasurer
Statement of Issue:
The Municipal Code previously was amended to delegate some of the City Treasurer's enumerated
Charter duties related to Business License Taxes, Oil Well Taxes, and Municipal Services Fees to the
City Finance Director. The purpose of Ordinance No. 4346 is to realign direct control of those duties
to the City Treasurer.
Financial Impact:
None
Recommended Action:
Approve for introduction Ordinance No. 4346, "An Ordinance of the City Council of the City of
Huntington Beach Amending Chapters 1.18, 2.15, 2.16, 3.28, 5.04, 5.08, 5.16, 5.70 and 14.08 of the
Huntington Beach Municipal Code Relating to Duties of the City Treasurer."
Alternative Action(s):
Do not approve, leaving current Municipal Code in conflict with City Treasurer's enumerated duties
under City Charter Section 311(a).
Analysis:
The Huntington Beach Charter Section 311 provides that the City Treasurer shall have the power and
shall be required to receive on behalf of the City all taxes, assessments, license fees and other
revenues of the City, or for the collection of which the City is responsible.
City of Huntington Beach Page 1 of 2 Printed on 2/11/2026
powered by LegistarTM
File #: 26-128 MEETING DATE: 2/17/2026
The City Council previously amended chapters 1.18, 2.15, 2.16, 3.28, 5.04, 5.08, 5.16, 5.70, and
14.08 of the Huntington Beach Municipal Code to delegating the City Treasurer's duties related to
receiving and collecting Business License Taxes, Oil Well Taxes, and Municipal Services Fees to the
City Finance Director. Ordinance No. 4346 simply moves these duties back to the City Treasurer.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will
not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Non Applicable -Administrative Item
For details,visit www.huntingtonbeachca.gov/strategicplan.
Attachment(s):
1. Ordinance No. 4346
• 2. Legislative Draft
3. PowerPoint Presentation
City of Huntington Beach Page 2 of 2 Printed on 2/11/2026
powered by LegistarTM
City Council/Public Financing ACTION AGENDA February 17,2026
Authority
ORDINANCES FOR INTRODUCTION
20. 26-128 Approve for Introduction Ordinance No. 4346 Amending Chapters
1.18, 2.15, 2.16, 3.28, 5.04, 5.08, 5.16, 5.70, and 14.08 of the Huntington
Beach Municipal Code Relating to Duties of the City Treasurer
Recommended Action:
Approve for introduction Ordinance No.4346,"An Ordinance of the City Council of the City
of Huntington Beach Amending Chapters 1.18, 2.15,2.16, 3.28, 5.04, 5.08, 5.16, 5.70 and
14.08 of the Huntington Beach Municipal Code Relating to Duties of the City Treasurer."
Approved 6-0-1 (Gruel-Absent), as amended to fix typos.
ADJOURNMENT—7:27 PM
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing
Authority is Tuesday, March 3, 2026, in the Civic Center Council Chambers, 2000 Main Street,
Huntington Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.gov
Page 8 of 8
. .
.e"
t.• ,
. . .;P°'
..,/
...:
O.R.DINANCE.NO.00"
:AlliQWKAN.CE OF THE CITY COUNCIL OF THECITY OP HUNTINGTON'BEACH.
.AMENDING CHAPTERS'I.18,.23.5,2.16.,328,' 04.,5,08,,.546,5.70-04.14..0.8...
D.1 :HE J-t;NI71N:7, 1.3EA:: VeiCCOPK; LATING TO DUTIES OF THE CITY MUNICIPAL
TREASURER
The CityCotitci9f1CityofEiigtB:eaddhereYOdainas .. °
felloWs:
SECTION 1. Section.1.,18.020 of the Huntington Beach Municipal:gbd0j`§.11q0by
ainerided:to:read as follows:.
,,,..
14£4.020•Pefinitinna e
i
/
.../.
'Tht fellewing:-defiliitiOns,..applytotheuse Of these for theiparpoSesof this Chapter
. ... . .
Building violation: Any violation of this Code 14ail-ft to building,plumbing,
eleetrical,oi.eitlier Sithilar.stittettiral of icrangtregniadniflo set fertirindlis-Code that,doesnot create.
an immediate danger to healtker safety:,
Citation.,..480•10.4001.00.Y .0t0Qq*ped1 pursuant to Thia'.Chapter.-Citatibh includes a
notice of noncorrection unless the context clearly 110'W.s'OttierWise.
Otep, Per§nil.gi*en an adininWrati*e...:eitation charging:him:or her as aresponsible person
for a code viOlatiaD,
/
:.C.ity Attdriley;;Tho city Attokti4 or,laotito-cie'signe.
/ •
aty.'freasitret,'Tne:City Treasurer or his er her designee,
Enforcement Officer,.Any.cityi,einpipyee or:agent of the City designated by theDirector
4'. .• ,
of any any.City department which.4,4/111.;:authority and respOnsibilityte eider&prOviallatis of this:
Qcde.
/
chief Finaneial Officer,'The Direeter)Of the CityfiFinance Department or his or her
desigpee.
Hearing Offieet. The person appointed.hy1he City Manager to serve as offi—Cer,
i
fOr adrniaiatratiVe:hearings.Prior to Condnetirighaarings the hearing officer ninstlirgt be certified
by the City Attorney asAnallfiedlolprovide,a fair and impartial heoinglig0 cd:appNiitiOto
editeg,en,itoiping and experience.
/ - ....
.Issued„Giving acitatibri-te the citee and issuance occuis on.be.kiate:when:aieitatiOn is:
.personally SerVedfindie.eitee,the date it is mailed to,the or the date irtis posted onreal
.,prOpeiV where afproperty related violation:occurs.-
Issuing•,.op.aitipqA,The City Opthlment that has the authority and responsibility for
/Z
enforcing thy ciede•scthipp(s)designated On a Citation as hiitg.heen:OOlatecl.
N,Of cep.f.Noopotroetiop, A reiSsnatiotan original cimocmtora.buiicii`ng violation
which riq eS a 001aticin(S)..on'the,original.citation has not been corrected vAthinthe,applicable
Icerreer 60 period..
Responsible:Person,A responsible.person is any ofithefollo.Wing:;
-04)1NAKB NO, 436
AperteriViio causes.a codeNiplatiOn*001.1r,:
who 41.04441s or,411OWs,#code violation td.00ntinite.thy:lii!.er her.action
Orfailote.teAct
. .
Ap AA/hese agent;,employee;,et...independerit CentraCtor eans0,n...eode'ViOtatiori
by its adiblibtfailitrete aet..
4. A perseil.whais the.bWiler tif; orid:A.petten-WhOiSA:lesseeq,§nblesseer:WAh the
current r4fit-OffleStetsion of,:real property where a property related code violation.
OCCOrs,
5. .A person'Who is.the ern-site manager of a business who normally works.daily at
the site when the business is open and is respen'sible,for the activities at stiCh.
Premises,
E,OrporpoSes:.of this subsection'person!" includes,a.riatural:00On or legal entity, and the
/
owners,„majority stockholders,Corporate offieers, triisteeS,and general partn0§-ofa legar.eitiy
There shall beitegarebitttable:prestiniption'th‘t the record;.owner of a..,parcelaceording-to
the ebtintyl.S latest ecipaUZect property tax assessme9f,rolls and a lessee Of sublessee of a'Varcet
has:notice of ay codeMolation existing on theprdnifSes.
/f. . . .
For the purposes of.thiS.chapter,..there nray be.there..than one responsible pea so for-a
code violation,and-w:minoir at least 14 yeatgOt age may be nresp.OnsiNelletpWsnbjeettpfixe
provisions:of this.Cbapter.
,
5EcTION2:. $pOtiork' ...:.15,03.0ifthe,ifontington"Be,acii:Knoitipal.0 Ode is hereby
amended to toad as.follows:
2.1:5:0311Direefor-7-TOitet Of:nutlet.
'The Chief Financial Officei shall be appointed by the City Manager.-The Chief Financial •
Off shall bove:zfbefOljevAng powers and does:
pirept,•plan,prgani4e and coordinate prograins;.and activities of the
Peparnnent
B. :BStalilityi„arid-manitaiii.a system of Etia.neial.,prOpetintes,•aceOtgit.5':-41141.0iitrolS for
thecit-Pgdyerrimerit:and each Of its.,offices,officers,departments and agencies.)
C. ProvideAireCtiOil for the control()tan enericht.tres to iriOre•thg budget
..
aPproPriai0 DS'ArP19Iexceeded.:
D. ,'pjrpot..oid administer:the ci.,tyts--,ecnn'ajized..porchasing function with.regarci to
proogreipeOof all supplies, services..dricLeqnipinent.fOr all City:departments.and:
/ •agencies of the.City..
AdminiSter.and"enforce all Municipal Code regulations regarding,finance,and
viohositig.
2-6-05811402599
„.
OR.DINANCENA'43.44.
/,-
SECTION,3:., $ettion.2'...16,0)Oftheguntingfon,}3each Municipal-Codeis hereby /
atnendettto.:read as folloWs'.
,t•
2,16-:1)70-roiirtts, , '
•
. _ . .
ThC-.City-Treasurer shalthaVe.:-theI)OWer to: .'
•
A. Receive on behalf of the City all assessments,license fees,and other
revenues of thocity,or for the collection of which the City is responsible,And
receive all taxes prpt4er menerreceivable by.the City.froinihercoofiv, State, or
Federal',GovernmentS,dr frotitahr court,of tithh:Ahy..0.ffiCd,'department,Ot•agency:
of the City. / -
/
B. Have and keep custody of all public funds belonging to ernndet.control of the.City
of'any:offiee,-departnient;or agency pf the city-government and deposit pr cause be:
;deposited'nii: nildS coming into theirhandsitt.Such,depp4itory as,Tnaybe::cto§igoatp4
by,resehttionpfthe City Conneilor,if no such,resotytionbeadopted,:then is such
depository designated in viritinW:14ythe:City Manager, and IrLeompliaileeWith all of
thei.preivisienS of the',State•COnStittitiOn.and laws of the State;:governj.ngte handling,
depositing,404 rsootoing of lio.fig :1$, /I'
0., -Pay out'ironies only on prOPe.r.0.14Pr.4;pr W*PtS..in,the' nner provided for.iti.:•the•
City:charter
7. • ,
. .
D. Prepare::and,.Subtxtit to the.0 WO Pinani/al•Offieernionthly written rdpart.§ of all:
re:cell)*diabursenient$:, and fond:bakmces, and Shall:file copies of such reports With.
the City 1\4411:ago and City Connell/
E. iy1404&...thc.:130$itipwticbp8e,:ftioleiti00$.of the City
SECTION:4. gectiOh2..I.6:010fittile.Hutitington13each Municipal Code is hereby,
,anietidethtd read gslellev.vs-:
/
,216.O30.1:1,easnrer-:Outies,.
The City 11).:. .0.-itq..,-§11411/4'the:head of the.City Trq240tOr's)1?epattinent and•,shall be
elected )y.'the voters The CitlyeTreaSurer:-$1tall have the duties se(forth in the City charter,and
thefoilolking-dnties.: /
A. yiatis,;:Orgaritz0,,dirCots,and coordinates.allpi,cgraals oro4qtivitips.'ef the City
74eastirelis dep4tnnent,-
/
II. Oetermines and directs department polieiesarocedureS,and..organi2ation.
Q;. Obt4inAuptes;..ferille investment of&ids:Under his Or her control,authorizes
purcyases„ maintains documentation, payments,'$C) 0.4410,thahl.ritie.s,
.Atithoilzcs fiihdlthristOr.$,calchlate$-andhiAC$dailriepureliase•agreententS, and
/- - - - • - • - .. -- , . • • ..-
establishes and maintains'SO Investment Policy purguaht to the California
Government Code,
/
/
4
/'
/
ORDINANCE NO 4346:
•
D. .:g.StabliSh‘pS:ancloontrolS!all,bartle.-accountsi negotiates seryices:;:-:andeentracts 'With;
bank,makes daily deposits,-handlpsteturned.thecks_anditeoriCiliation there'd.: :•
B. -collectS,inOnieaowedtO the City w.hether.hy-taX,-fee,eharge,jadgthent,,pettletheator
otlietWiSp',utilizes letters:,phone Calls,.and.collection agendies2as.tectuired; and may
write.'off.unecillectible items up to,$10,000,00.without further.authorization,between
$10,00.0.00-:and$50,000.00 with the prier 4P.Proval-oftlIP•-c*.M411*r and in excess,
of$5.0,9199t)with City Council approyalonIy
• (7
Makes..eash-flow projections en a weekly.and monthly-baSis./
G Manages thel3tisinessticense,operation including the issuance of pertnitteobiptillg
of well loyalties,and tho-transfoot occupancy tax
Receives all City monies including taxes;feeS,.water;sewer and trash feeSinetudingoil...
Well royalties arid tranSient-occUpaney-taxes'.: /'
I. Maintaint.all..trasts,...bohcis,'securityagreement14,And.funds.for•flip-iCity.ineluding The:
filing,depositingirefunds-and.releases,„10.(tmof'release, and incitiitics'Telatitig
thereto._
submits,and administers theatithial ljudgetlAiStir hei de.Pattnent,
Performs,suqh.,other.duties and has- such Other 1powers as the.City Council may
'establish hereaftelV resbintioiie'OnSistent witlfthecity Oliarter,
•
L. .AditirliSteand enforce alliVluitieipaCoderegOlatioris regarding the collection of
monies owed'to the City.. /
SEC I ION 5 :',Seetifoii3;2&00 of the Huntington Beach Municipal:Code is hereby
amended to read..as:foll,OW
'.318.080' gegiStratiOili
„ .
Within 5.0:days.riftoritrio,effective date of the ordinance:eodifiecl-inthis,chdpio,„-or within
3-0,daySafter,commencinglOsiness,wiliche:ver.i*later,each,operater,dfariy.hetelretitifig
0(0.000 tO;transients4hall register said betel With"the'City.TreaSurOk and elgain.froralnin ot
her a "Transient.Qccupdancy.Registration Certificate" to be.at all times posted conspicuous
place on:the::premiSO -Said c,OTtifidotp: ball;,among otherthings, state the following
/ •
A. The.nameof the.operator;
,
B. Throress.of•theliotel;;
.....40-a4t,,131p0Awhich the certifipatewas issued..
"ThisTraosipn.t Occupancy .eg.-*0-911 Certificate signifies thatlhe•perSontainedon
the face hereofhas fulfilled thereqUireinentS of:chapter 3,28 by registering Withthe
. City‘Treasureriorlhe.purpose of c011ecting..from..transients:-.thp Transient Qccupaney.
Tax and reinitting,said tax to the city'Treasurer;This certificate cipohet authorize
any*person Ao eohdaetany tihlawful Businessor to'conduct any lawfattuSineSS,in an
.•
..14-17, t•f.49.25p9. 4
OkplNOCE NO.
01400 manner,iiptIO-Opetate a hotel WithOtttrietly-cOmp,biihgwith Wilma ,•
applicable laws,including not limited to those requiring4perrint.fipm„any board,
commission,departnient or OffiCeOfthiaCitY.:11tiaCertifidatedOeSnOcOnatitute
permit.
SECTION 6. Seetion328.090 Of the Mutielp.ai: Oidels hereby
,amended.tolead
3aM90.
EaCh-Operater,Shalt file A r epOrt each morithfottfOrnta;proyidc&hylhe City Treasurer of
the total rents:eliarged and received and the amount pelleeted•feT transientocctipancim for
Ifieprecedine,.inehth. The full Ofta)Le011eOtedshaR' 0.reinittedto the City Trpa§urer.
Said tax collected by during a calendar month,is due and payable:014,01st be
received by the City by the-lastbusines$day the fist Month following and shall be
delinquent and,subject toi the penalties nOted in Section 3'.28.:10.0 of this Chapter on the-first day
of the second report Shaflhe filed at same tiine the tax ip,remitted.,
kettirils are due and payable and delinqueritlinuiediately upon cessation Of business for any
10000,Alt taxes collected by operatorspprsuant to this Chapter shall be held in thafot-the.
acepttnof.the.Qtylnitil payment iStriadete the•CjtY, TreaSurer,
,/
SECTION).7. Section 3 28 100 of the Huntington Beach Municipal Code is hereby
amended to read as
1,4101, l'enatieS.and:interest..
The following shall give rise toeualtlea and interest:
.0fglitgl.P'elinquency:.Atiy_Oerater who fails to i emit any tax nnposed,by this
chapter within the tiniereqtiredShhll:pay-A.penalty of 10%of the amount of the
additiOntô the amount of the tax.
B.
:Continued T,)elht(itiepey,,Any:operator who'fags to meet any delinquent
'remittance on of before a:period:of30 days following the'datelen which the
leinittance-fot.beeame delinquent shall payia,second delinquency penalty of.1.0% of
the AmOunt,4thetWin addition to the amount of the tax and the:10%,penalty fist
ImpoSed.,
C Wand.lithe City Treasurer determines that the non-payment of any remittance
due tlider'this Chapter is due to fraud;a penalty of 4%.of the amount of the.tak,shalt
be added thereto in addition to the penalties stated in StibSeationaA;AridB ofthis
section.
7
,/ Inter est In addition tothol)enaltieS hriPbSed,-any.,OPOY4tOrmrho fails to remit any
itax.inipbsedhy this Chapter shall pay hue-Tot:at:the:rate of one-half of'one percent
per month,-60.000A thereof;on the 0)014 Of thetaX,.eXClusive,olpenaltiea,'fromthe
dateon,Whith the remittance first became delinquent pritil:paid;
/ Penalties Merged With Tax:Every gdriatty.:impc*d-'firia such interest as
.1/1 -17.8,114025.99,
ORDINANCENQ 434;6
acertieS Under the provisions oft section part.O1 the tax heroin,
regtiiredlobe paid:
SECTION 8 $ectioif .:28'.110 of the Huntington leachNipiliOinal.;Qpdo.is hereby'
.
Aniended to read as;f011ows;
.•
•
gilurc.t.U.Collect and T4.;cpcirt'T4x—,Deterthination.of Tax by City
Trowtr,dr,
If any operator shall or refuse to collect said tax and to make.,:Withintfie time
provided in this Chapter, any report and rethittatiee-tirSaid tax or.anylpertion thereoftectUired.
bythis Chapter the'City'TreastiteriShaliprOteedin stichinanrier.as.'her she may deem.best to
...Obtain facts and information on which to base his or:her estimate of the.tax due, As!eon..as.the
City TreasOret.Shalt procure such facts glid..infgroation.as he or V*is.able to obtain upon
'which to base the assessment of any tax imposed by,41is. hop.tei.''6004Withto by any Operator
Who has failed prrefuse4.to collect the and to inaiscestich.repot.and.remittance,he or she
shall proceed to determine and assessagainst such Operator the tax., interest and penalties
pftivided foi by this cbaptei In case such determination is madei the City Treasurer shall give a
notice of the amount assessedbyserYingitpersonallr or by depositing it in the United States
mail, postage prepaid,-,addressed to-the.operator-so'assesse&at his or her:last knoWiipWe.:of'
addres%1Suell pperator'may within la days:after,theSerVinger'inailing of such notice make
application in writing to the Qity'Tid'agor,,f4ta hearing on the amount as4esspd:.,If application.
by theOperateri'fOr a heating iS not made.withinthe time:prescrihed;,..thp.t0,,interest and
Penalties,if.any,4eterniined by the City Treasures shall hocomet-146L.644;dondluWo644:
immediately due and payable to the City DlastFor,Uspch apPlicatiOn.iiinade,The'CitY
Treasurer shall give not less than five,daySwrittennOtiee in the Mannerpreseribed heiein to the
Operator to Show cause at a'tithe and:place fixed in said..4otidd'Why said amount specified
theitin should not be ftited foi such takr‘iiitgrost and penalties': .At glob:,heating, the..operater;
may appear r.and offer evidence why such specified'tak,intercstiand.penalties..shOtild:.not be so
fixed •AItersueh hearing'the city/Freasprer shall determine.ilie:t4rOper:tax to..:be(.reinitted and
shall ,,tlicreaftei. give written.noticeto Ahe:pers.on and in the.manner preseribedherein of such
determinatiOnaridThe.ainetint'OfStich tax, titerest and penalties I he amountdetermined to be
ifte:4i0.1.1Oel*Old tO:file:q*TifeAtiret.failer 15 days unless an appeal is:talcen,as provided in
Section
Seetion 128.120;of the Huntington tieaChNitinieipal..codeishereby
amended to read as
3.2&126.
Any,operatpr..aggrieVed fiy.decision of City TreaStiretwithrespect to the amount
of such tax,:ifiterAo'stand penalties, if any,iiioy,App041„19,.Th4 City Council by filing a notice of
appeal with thecity.Clerk within 15. days ofthe serving.or mailing of determination of
tax due Theiouncil shall fik.a-time and place for:hearing..'such appeal, and the City Clerk shall
give raiticeil*writing to such operator at his:Or:her:last known place of The findings of
the.Council shall be final and'COnelltsiVe and shall be served upon the appellant in the Manner
A
7647541/4P2599 6
:ORDINANCE NO. 4344/
prescribed Above for service ofriptiteofhearing, Any amountfound to:be:due:Shalt be:
bamodiately-dttaatictpayablo-oponthogotVide of tiotieb.
No injunction.or,writ of mandate or:other legal 0r-41061e proCeSS:shall;isSne in any,suit,:
action or proceeding in any .61111 against the City or an officer th.ereof to groydtk.orinibiO the
collection of taxes sought to be collected p4tgttatoo,thig.:Chapter and paymentof all tax,interest
arid penalties shall be reqriirect as 4.6bildlitpii precedent judicial royiewaf any tax
:SECTION 10::-Stetiori..32.8..1.10.of the Huntington Beach Municipal Code.i. ...ppletided-to
read as follows:.
1.28.10.,Oeepr.cIS
It shall be the duty of every operator liable fOr the collection arid payinent.to:the City
.pfany.tax;imposed..by this Chapt& to.keep.and:preserve,.fOr A.peried.of three;years,:all
reCottIS.:As Maybe;necesSaryte.detenninethe amount of tax:*1.1 may have been
liable fortbeePlleCtiori of gnd,portioomt4o,C4,.wiljolyie.00r4 the City Treasurer shall have
:thafightta.itigpodtat:rall 17.0.000able,fines. •1
SECTION' Sectiw;3',4440:.of the Huntington Beach.MuriiCipattodeiklierehy
arpoodedi:_ta read Agfellcmfg:-
3.28.1411..
ThefolloWing shall wattaritnrefurith
Whenever the aittooat,..af any tax,has been overpaid;or paid:More than once or
been erroneously or illegally etillooted.'ar received'by the City Treasurer:under this
Chapter,it may be reftitides-priovidedirithisSeetiOn,
The City may 1..eftitici any tax that liasbeen.oilorpaidypaid:moTathaa
:oncepr has been enoneØsly o illegally talleetectot received by the City Tieasuiei
undei this Chapter;prodiddd,that,0o..,tdfit4d.•:gball be paid undertheprovisioriS Of the
seetion'tinlessthe diaifriant ot his oi tor griardian,,Tconservater, executoror adriiiinStratet
has submitted w-wrigeRalaim,underperialty OlPeritiry,.tethe.City, Clerk within one year
Of the overpayment.or„ertandetiS.Or illegal collection ef said tax Such claim must dearly
•-estahlish:olaitriani!S right to the refund by Written.recordsho showing entitlement therdto.
Nothirtg.:he)0i9,41144 ponnit the filing of a refund claim on behalf of a class or,group of
'taxpayers.:"ere the amount of any.individual:refund claini:iiineXcesSof$5,900.00*
City Count 01)1.0.0 shall be reqpired.',
lItp::11719;jp*nt of theCity:that the bar,:year*kittat claim requirement-of this-.
sectioriblegiven retroactive effect,proVided,hoWever,lhatany Claims which arose to
the.614th-tent:Of the orielear.claiitsperio.d of this section,and which are not otherwise
barreffby a:.then-applicablevgote.:of lirpitatiops or claims procedure,must be filed with
the/city, Clerk as provided in subsection-B of this .:Withiri0,0 days follewhig the
effective4ate,of'the:Ordinance eadifiddia this:,section.
D 'The city TreasureirOr the City Council where the claim IS in excess of$:5;0,00;.oa
and.thadity Troagaror:bas approvedthe claim, shall act upon[:.thelefuridelaiin Within 45
/.0.:=1„7 .8.)/4P592 '7'
,
1
ORDINANCE NO..4346 ,,,./
.,..,,,
days of the.!initial receipt of the refund claim.Said.clediaien shall be final.lf the ,I
Treastirer/City Council fails or refuses to act on arefund claim Within the 45-day period, I
the claim shall be deemed to have been rejected by The.CityTreasureriCity Council Onto
45th day:The treasurer shall give notice of the aetionin a,formWbioh substantially
complies'with that Set forth in Qevernitient Cede Section 913.
E. The filing of a written claim is tprerequisite to any suit thereon.Any act*
broughtagainat the City.pursuant to this section shall be subject to the,previsions of
Government Code Sections 945.6 and:946. /
/
" .
SECTION 12. Section 3.28.150 of the Huntington Beach Municipal Code is hereby
'
amended to read as fel/Ovvs. /i
if
.28..150 Actions to Collect. / ,
/
Any,tax required to be paid by any transient under the provisions of this eChapter
Shall bedeemed a debt owed by the transient to the City. Arny such tax collected by an
operator which has not been paid to the City shall be deemed a debt owed by the operator
to the City. Any person owing money to the City urider'the.proVisiOnS Of this Cehapter
shall be liable to an action brought in the;narne:olthiCity of Huntington Beach for the.
reeoveryof such ainetut
/
:SECTION 13. Section 3.28.150of the lyntington Beach Municipal,COOS hereby
amended tO read as follows.
3.28.160..:Vaitttre to Register,
,Any operator Orother person whO fails or refuses to register as requiredherein,or to:
furnish any return:required,to be mad ,/ or who fails or refuses to furnish a Supplementalretint
or ether data required by the City easurer,Or who renders AfalSe Or-fraudnieht tenon or claim,
is guilty of a misdeinearion Afty,person:required to make,render,sign or Verify any report or,
claim or;who rrialceSny folk.or fraudulent report:pr claim with intent to defeat prevade the
:determination of any amount due required by tins Chapter tube made,is guilty of a
misdemeanor.
I
1
SECTION:14.: :Seam)5.04.060 ofthe Huntington Bpach:Municipal Code is hereby
amended to read as,fel 4Ws:'
$.04.060..,Permit From Council Required for Certain Businesses.
No license spll be issued for the conduct of any business which,in the opinion of the City
Treasurer wotildbe,detritnental to the public health,safety,welfare Or moral Standards of the
City until a per it shall have first been ebtained:from the City Council or-appropriate City
department.
6-17531/402599 8
•
ORDINANCE NO 4346
•
;SECTION 15. Section 5A.0:15 Of the'.HinitingtOnBeach Municipal Code is hereby
amended to read astollOWS:
5.08.015. Rvidende:ofiking
When any Person'Shall by use of SlgriS,:eirehlarS, caids,telephOneb64.Or newspapers,
;advertise,:hold dtkektepresetit'thatthe.person is:in business in the City,prAybeii,,apy,peyson.:
iolds an active license or permit by a..govemperiW agency-iiidipatingOlat the petsoii is
in business inite-city, and fails deny by a•sworn Statenierivid the'dittTrelaStiter,
that they are conducting business in the eity,:4ftdrbeingreqUeStedte do so by the.City'Tteasuter
or,authorized employees of the City,then 0086,64s.shOlbe'considerecl.pritriafaCie:eViderice
'that the persOnikcondueting abhaineSs•hi the
SECTION16.. 'Section 5,;()8.020..of the FlUntington,I3ea4.Mianicipai COO;is hereby
• •• •
teadjas:
5;9$,-,OP, E.xemptionsOeuerally ,.•
•
Nothing ip:.thjs::#tte shall be.deemed er construed tb apply to anyperadri.v00..4iog and
eariying on any:buSineSS,exeMpt by Virttie.offh 6.•P'OnSt'itutioh.or applicable Statutes-O.the
ViiitecrState of the*ate.,Of.calfrorniafrom payiperit:of s,ocb.taxes as are jiereipTreseribed:
•
A. IritOsta0 Corninerte.None of the license taxes 070-0 dcd•:for by this-title shall
be so applied.asAd.dpeaSion an tindtiebiirdennponinterState eempioree.TO any case where
:a license.tax:IS,belieVedlTa.,licensee dr applicant fot•liOnsOtcy.piaOoiap.1...!fiiitiO binden
upon such coomorceiho.et she may to the City Treasurer:forah adjustment of the
tax so that it.;Shall,net be discriminatory 'or Unreaseriableas-to-suCh.Cenneree,Such
applieation,may he:macie before, at oi withip'SjxpiprAs after.paymeritef the preScribed.
license.tax.:The applicant shall,by affidavitand supporting testhriohy,Aowbis or her-
rapthoctof business,and,the,'ayerage number.6f employees Or-estimated average norober.of
employees and*Iv:other information agliet.ity.Treasurer may deem necessary in order
to,determine the'ektetit,,:if any,of such biltdert.on such eprupteree.,,The City
Treasurer Shallthenp?riduct.aainvestigatiep,and aftetl'haying:first Obtained the'wiritten.
the .sahjogt*thoappto.var of the City-CeuneiliShalffik as the
license tax Mir the applicantattamount that is reasonable and nondiscriminatory, or if the
lic-oso tax has!:alreacly been paid,shall ordera i refund of the oVer,andaboVe:the
license tax So'fbced.,jii fixing the license tax be chargod,'.thegity'Tteasuter shall have
the.pONVertd base the licoosd:fax49.1.1 the average number of empleyees.:Orany.othr
rneasure*hich;will ensure that the license tax assessed.Shall'be unifenu with that assessed
on bustrieSses'of like nature, so longaS'the amount assessed does net exceed the license tax
as proscribpd,by'thiSlitle.Should the City Treasure 'deeming the;ayerage.mmiber of
employees.rtridaatte•::of license tax to be the pvP0 basis,lie she may iequire the
applicant to submit,::either at the timeatermination.of applicant's business in tho.eityoti at
*fend:or each ttgoonolithpptiocl,a sworn•stateinent,Of the average hurribfet of'ettiployeea
Aarlopay:tho athoovoiheettse:tat thetefit,.:.pioided that no additional ticepso,taN;during
•
I • -i758i/4025.9q,
ORDINANCE NO 413.46
anyone ealendaryear berequiredAffer the licensee shall have.paid an amount equal
to the tax as prescribed
.1, „Any personelaiming an exemption pursuant to this.(hapter shall file a
verifiedstatenient with the'City:Troasiirer stating the facts upon,whicirexemption
iselahned,
7. The City Treasurers shall,upon -showing contained in the verified
statement•stihjedt,to approval ofthecity.COuncil,issuealiCenseto such person
Claiming exemption-itmder this section without payment to.the City Of the license
tax reqUired.by this title,
3 'T.he City TreaStudr;:.allet.'giving notice and areaSonableoppertnnitY fOr
bearing to a licensee,.as proVidedinSeetions 5.04, 40 and'5;(). ..25(krtiay reVolce.
any fidenSegranted pnrsuant:tothoprovisigns of thiS,Seetienupetrinforination
that theliceriseels opt entitled-to the.e.xerription as proVidedherein..
•
B. 'Charitable-and.NOnprofif Oi gamzations As used in this title, "Charitable" and
"nonprofit organiZatione.Shall include only religiouS,reharitahle;:fraternal, educational,
military„.state,:county, 617..inunioipat organi2ationk.otassopiatiorAs.as defined by Internal
Revenue.Cede.Seetion.-501(e).The provisionS',Of this.Chapter shall not'be deemed oi
construed.to requite the payment.-of a license:tax-to eondoct,manage or 'carry on,any
business, occupation or activity from: any inStitntion,:er orgattiatiOn,which is
'conducted,managed.or carried on wholly for,the,benefit of charitable purposes ot fi•Om
whith.profit is'not derived„either-directly or indireetlyby any person,not shall any
license tax be'required for the conducting of any.entertainrnent„-concert,exhibition Or
lecture on seientifiei,historiCal,,literary;religiousor moral subjetts.*ithin.the'City
whenever the receipts of any:speW.enfertaininenti concert, exhibition pr lecture ate to be
appropriated at any ehuichoi. School ci to any.religious oi benevolent 'purpose,,not.
shall any license taxbe required for the .conducting of.any entertainment, dance,
concert,.eXhibitionor leettire bya'religiout;.ehatitable, fiaternat, educational, Military,.
state, dOunty,or tritinicipayorganizations.or associations, or lecture ate tobe
appropriated.forthe.,purpose and object for-which,such organization or pasociation.
Wag formedand froth.WhiChprofit iSnot deriVed,..either directly or ndireetly;,by any
person,provided, ho*ever, that nothing in,this section shall be deemed to.exempt.
anysuch organization ci asSociationfronrcomplyingwith any of the provisions of this
Code iequulng 4.Aei71:04 fix440.10.Q.ity council-or other City 40p4±01101.t.,.:07‘any
commission oi officer to conduct,inanage:or Carry on any profession,tradecallingor
:occupation. /
DisablO:Veterans—ExeMpted When.Evory,hotiorahly diseharged:soidier;:sailor,
'or Marine:oitheUnited,States,who.it physically unable to obtain his oi bet livelihood by
means of manual labor.and Who,is a gnalified.Voter of the.State of Cahfoi nia,'Shall have
the.rightio hawk,peddle and vend any goods,,:wares„or met chandise owned by hinr.or
her,.6)5644 Spiritoitt,;:inalt,.vitietiatif.oth&E:irito>dcatitIg.tieVerage0,:*ithout the payment of
license fee,.subject, however,-te the:reStrietiOns;limitations;-.regulations and conditions
her,einatler.set forth.,Every applicant must comply with the folleviinwreqUireinents.before
alibensemay beissued under the provisions ofthis.Chapter:,
2y1758 040259g
10
I
i
ORDINANCE NO.4346
1. Every applicant most funiiska,ceitificate of Physical disability executed by a ,
qualified Surgeon of the linited States Navy, Army, Marines,An Force Or
:IJ$ Public Health: Service,a Certificate of honorable discharge from the/
UnitedStates Navy,Army,Marines;Air Force or U. S. Coast Guard,and a
Written recommendation frOothe representatives of the 104-Ng?piffle
American Legion andtor the,Yeterans of Foreign Wars, /
2. Every applicant must furnish two identification photographaytine to be
attached to the license issued to said applicant, and the othepo be attached to
the copy retained by the City Treasurer,The applicant mitt also sigh both
copies of the license at the time of the,issuancethoreof.
3. LiceriO Isstia4-ce Conditions.A license when iss ed is subject to the
following conditions:
a. This,nontransferable andfor the exchisive use of the licensee named.
/
I,.; Applicant's identification photograph must be.attached to the license at all
times,and failure to comply hereWith.is-grounds for revocation of the
license and for refogirigitS•ren/dal or the issuance of a new license
thereafter.
/
c, The licensee named must identify him orterself by his Or her signature•and
present a valid license Wheneverrequired to do so by a:police officerorthq
City Treasurer.
d. Every license issued under the previsions of this section shall expire 30
days from and aft /p the date of issuance and a new license may thereafterbe
issued put soantito theprovisiens of this section Subject to:review by the
City Treastned
e. It is tinlawfdfor any person,otherthan the iitenstenainek to use or have
In hiaor 6 possession any license issued pursuant to the provisionsof this
section.
t It is nlawful for any person to purchase or transfer any license issued
por tiant to the pt9Visims ofthis.section,or for any person to transfer Of:
P "Ivey the certificates mentioned in subsection(QM of this section to any
therperson for the-pinpOse tif'tecuring a liccnse as herein provided.
D. Rep EstAte Agehts.Persons',licensed by the California ndpartmeitt Of'Reai
Estateand OVing their license placed with broker licensed by the California Mpartmentof
Real Esta fe for purposes of supervision and as rap:fired by state law,shall not be
subject O taxation Under this title if their broker pays the.tax iii accOidance with the
proviS'ons,of this title and includes the real estate agent as on:calls employees for
1
pimp ses ofany oompatatioh of the tax.
SC TION 17. Section 5,08.100 of the Huntington Beach Municipal Code is hereby
x(
ante deo to read as folloWs:.
*47531/402599 1 1
4141.0.
$.0$.1,019::Pelittquerit 434nicitt,TettaJty /
For failure to pay a 11**tak:when due,the City Treasurer shall add a penalty of 10%
of the liceuse.tak on the firSt day of each Mend:rafter diedue date there'd..
SECTION IS'. SeetiOir,5„:08:.160 of thelltithigtott..13eaeh Mtittieipal:c000i$tiet.eby
amended:te read A.SfellOWS:
5.08;160, It:Olaecinei*—focgi
A duplicateilicense, license decal license plate may be issued by the City Treasures to.
replaceatty license,license decal oi license plate previously isstied)heretindar which has been
lost Or deStroyed494 the licensee filing a:statement of such fac/t(and at the time of filing•siteli
statement,paying to Ilie:City,Tteastiketa fee as adopted by resofutionof.the City Council
SECTION 19 Section.5.08.170 of the!atintlrigtO : oao4mpoopal.code:is hereby
amended to read follows:.
5.08.170.PeStitiO•Arid.10ephig
All licenses 1081:b0 kept aud posted 9e following manner;
A. Any lieeriseoltrausaetirig 01 cal ry;tig orthuSiuess at a..:fiNed place of business in the
City shall keep the licerisepOS;edin public view upon the premises Where such
business is*carried on and-have:la or upon the licensee's business vehicles the
business license or Other folin of'license as designated by the City Treasurer issued
ler:Stich vehicle..
B. Any liedUSeettausattli g,and:carrying:04;:busine414it not operating at a fixed place
aliti$4:1eSs in the CAr.shall keep the license upon his oi hei Orkin at all
earryihgek Such business and have in or:upon each;of the
licensees busingbusine/s vehicles,at tirned:Operationiu this City,the business
license or°the fOrrit of license as designated by the City Treasurer issued:for such
yehieleS.
SECTION g. . Section 5,0$.180i of the Huntington Beach Municipal code,is;hekeby
,ainended to read* 0110*.s:.i
8:08d8,0'...Aptilication--;Contents',
13.efor• any license is issued to any ppp91-41.4*§§,:oliprwise provided in this title,a written
application y the applicant shall be made to the City.TreaSuref,,uptiii a feriticlobe.secured from
the City.-T egspfq an4,which application.shall0,!ritaiti.thO'fblid*irtg.
The exact nature:or kind of business,profession,show, exhibition,game occupation
eUterpriSefer:*.hichtho license is requeSted;
12
. i
ORDINANCENa 4346 /
.6.
B. The plaCe where Such bitsinesS,prefessiOn,show, eXhibitiOn;:garneli'odeupatiOn or/7
eriterpifse is to be tarried on,and if the soine.is.not to be carried on at any permanent
place of business,the places of residence of the owners of theSonie; /. /
C. Any furtherinformation which the City Treasurer-may require t0 enable hitnOr her
to issue the type of license applied for; /,/
0,. In the event that application is made for the issuance of a license to acp' erson doing
business under.,a'fietitious;nome,the application shall set-forth the4lames'and place
of residence of those owning thehusiness,profession,show, eOfbitibil, game,
occupation:or enterpriSe.
/
SECTION 21. Section 5.08.200 of the Huntington BeathKinicipal Code is„.
:amended to read as follows:
Ae
5
7 '
.98:200.Errorby City TreastirerCerreet Arnonitt Due.
i.
..10 no case shall,:atty;mistake of the City Treasurer in:Stating the aniMintrof a license
prevent:or prejudice the collection by,the City of;WhottiShOuld be actually.:due frontally
person carrying on any business,profession,shOW,..ekhibition, game,ocettpationorenterprise
subject to a Mei*'Under:the proViSions;ofthis title,/
SECTION 22,: Section 5..08.220 of the Huntington Beach Municipal Code is bet
/
amended to read as follows:
$418220,Statements Not ConcluSivePetetntinati*
A, NO statements shall be contltljsive as to thernatters set forth thereiny:nor shall the filing
of the samtpiethidethe Ciji from eollecting by appropriatesoctionsuch sumas is . . .
actually due and payable lierellnder, Such statement and each of teseyeral items therein
:contained.shall be subje it to audit and verification by the City Treasurer.
B. A11 licensees,applica ts for license,anc1persons,engaged in business in the City ore
ii
required to permit an eXaminatittiof such boas and recordS for the purposes aforesaid.
C. The itiformatiOn urniShed or secured ptitsnant to this section or'Section 5.08.210 shall
be confidential ektept that inforination*hich is deemed to be public reeords put scant to.
State law. An Unauthorized disclosure Or use of such informatiOnby any Offietror
employee o lieeity shall constitute a misdemeanor and sueh offiterof employee shall
be subjecttfa the penalty provisions:of this title in addition to anyother penalties provided
/SECT ON N 21 Section 5,08:230 of the Huntington Beach Municipal Code is hereby
/7
File Statement.
amendedot8,17:;Fasitifio0111,7:os:
2
6-17 W25591 13„
' 1
0.1WINANCE,NO:434.0 ,
- : 1
41
If any perSOnlailStO file anyireouired.Stoteinorit Within the.tinieprescribecti or if-after
demand therefor tmade by the City Treasurer;such person foils to'file a cdrreetedStatertient,..theit
City-Treasurer may determine the amount of license tax due from stiehperson by means of such
information as:heor Shonaybeable.fo-obtain;
/
SECTION',Z4:-.S.ectiew5.0.250 of The Huntington Beach Municipal Code is hereby
. ,
amended to,react as,follews:
M8459,..AdditionarPower-Of:City Treasurer.
In:addition:-to -.other-powers..--COnfetTed upon the:City Treasin?r,he of she.Sliallhave
ifte,pewer,for good cause extend the time fat filing tequired-;SWOrn statement for-a
period not exceeding10;days,and in such eases to waive Any penaltylicatWOUld otherwise have
aCer-pedin accordance with the City CbarterandMtinicipol Code;and'sholl,:h4Vethe.'furtber
„power,with the consent of the City Council,to compromiseartd/claint.Os.40,iaindunt of license
tak;due.
/
.. . . ...... .. ..„.. . . .. _.., ... . .
SECTION 25,Section 5,.08.;280-of the Ottritington•BeachAlitnicipat Code is-hereby-
, . .,
amended td read as follows:
5:08.280.Ekazithiatibli Of.-13-nsine$S.Place.,
The City Tivasurer,in the.ekercise of the ties imposed upon him or'Wheret :0er; shall
examine,or cause to be examined all places of.,btisitiossinthe.City tcY:ascertaip whether the
provisions OfCho.pterS,5.Q4 through 5.30 ofthis title have been complied with.
SECTION'26:-..Seetion.5..08:290 eIthe,Bnotingtonf•EtaCh Municipal Code is hereby
amended tO read as f011Ow.s;
/
5.6$.200..A)ffieers'Right Of Entqi
The City Treastirer,•edae,efifirebnItilt officem:and any police Officer:shall have thepeWer
and-atithoiity to enterfre.e..of-circge at any.reasonahlelime;any place-.0bUsineSSreqUired to be
licensed heroin,aademand?exhibition.ofthe licensee's btiSineas-litense.
. - -... . ..,. . .
Any.person having:.:succi business license-theretofore issued,in his,hot:Otits possession
i- •
:or under:his,her or'itsedniterol,who willfully fails to exhibit same on demand,shall:be guilty of.
.AtoiSdemearior and subject to the penalties provided by this tide,:
•SECTION ..
2'7.. Seetiorr 5;0.8.306-of the Huntington 13. 04.:IiiftlylicipaU,Code,i-s hereby
.
aineridedto read as 6.110WS:
5,904Q0.1417nse- Revocationr,SuspOiSidh.
A. .An licensed who is conducting the business licensed in as to be
d-triniertt011othe public health,:morals or safety.of the general public ot-shall permit
I
' '0'..violation of City ordiegnces,stqte ta-yys,er the laws of States Of
447541/41450,AmeriCa-Withiii:i*licensed establishment shall be subject to Nvirigitslicenw
/
isnspended•otpermariently revOkedby the City Vo8tot
B,. Thelicensee shall beAjteVided with writtetnotiee by fist class mail,postage
14
7
ORDINANCE NO..4346
.,..
4.,
prepaid,.of such revocation and/or suspension. _„-
/
.,/
/
/
SECTION 28. !Section 5.08310 of the Huntington Beach Municipar Code is hereby
,
amended to,read as felloWs: /
5.0$.310,Appeal', /
/
Any perspiyaggrieved by any decision of the City TreaSuret under FltintingtOn Beach i
Municipal.Code Chapters 5:04.1hreugh 5.16 may file an appeal With the City/Clerk within 15:
days of the..ciate:0 mailing of the notice efieyeeation ot suspension,and,at the time of such
filing,pay a fee as adopted by resolution of the City Council. /
SECTION.29. Sectipn: ',f6.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
. „
5.16.029.: :Ages per rmployees,---Minimunt License,
/
The miniintini license in each classification shall be$75,Xo per year:hi any case wherea
licensee or an applicant for afipensebelieves that this indyidual:bUSitiesS is not assigned to a
proper classification under this Chapter because Of cirefutnstances'peculiar to:it;beorShe may
apply to the City Treasurer foi reelaSSifleation. Such/appliption shall contain stichinformation
as the City Treasurer may deem necessaty'and reqpre in Order to determine Whether applidanfs.
individual business is properly alasSified. The CpiefFinanCial Officer shall then conduct an
investigation,following which he or she shall assigntheapPlicant'S individual business to the
classification shown to be proper on thobasislof Such investigatiOn.
i
SECTION 30, Section 5.16.030:of Huntington Beach Municipal Code is,hereby
•
amended to read as followS'.
//
. ' 5.160 0, Application for ReclasSifiCation--Action.
- /
The City Treasitrer;Aliair notify:the applicant of the action taken on:the appiicatiorOr
:eiassificatipp., Such notice shal/bo given by serving it personally or'by:deppsitingit in the
United States Post Office at Huntington Beach,California,postage prepalit,addressed to the
applicant at his or her lastknOwn addreSs
'7
SECTION 31 e
. :Seetien 5.70:015 of the Huntington Beach Municipal Code is.
amended to read aa,fbidoWs:,
5.70.015; :Sta1ein6nts and Records::
A: Py(on(s).required to obtain a Se -oriented business permit shall maintain
corripletejecords*hich can be segregateasWith regard to all transactions involving such
products,inerthandise,:seiVices or entertainment which are sufficient to establish the
percentage Of gross receipts Of the:btisirieSsA;vhich is derived from SPOT transactions.
13( Such records shall bOnaintained for aperiod:of at least:three:years,
C. No person required tollceeprecords under this section shall refUsete alloW.
! *1 7.51/40;599
15
OADINANCE NO.4346
authorized representatives of the City Treasurer:or his or her designee to examinesaid
records at reasonable tittles and place ,
SECTION 32. Section 14.080:010 of the Huntington Beach Municipal Code is,,liereby
amended to read as follows;
14.080.010. Application Form.
A. beforerWater can be served from the City mains to any person or fol any premises,
such person er.the owner or occupant of such premises shall be required:tylcrovidethe following
:information by telephone, in writing,or by any.other means as decined;aeceptable by the
department:
1. Name,of responsible party'(indiVidual or busineSs);
2. &Mal security number;
3. ilitiver'S license utirnber or.pagsportnuMber;
4. Business license number(if applicable),
5. Address of premises to be serviced;
6. Dateon which the applicant will be,Oady for service;,
7. Name andaddress to whichdbills will be mailed or deliverek
,8. Description of apPlicantas Owner,tenant,agent,builder,or property manager;
9, Contact information which may include but is not limited to piimary contact
phone nurriber;.mobilehone number,fax nurnber and employer Phone number;
B Failure to provide'the information listed above may require the applicant to
apply for services in pelsori ort a forth:provided by the City Treasurer,
i6717541/402599 .16
ORDINANCE NO.4346
„/-
SECTION 33. This ordinance shall become effective 30 days after its adoption. 77
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at,i/
regular meeting thereof held on the day of ,2026//
Mayor ,/
ATTEST: INITIATED AND APPROVED:
City.Clerk Ci easurer
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Manager City Attorney
1
26-175s1m02599 17
LEGISLATIVE DRAFT
HBMC CHAPTER 1.18
1.18.020 Definitions
The following terms or phrases as used in this eChapter:
Building Violation.Any violation of this Code pertaining to building,plumbing, electrical,or
other similar structural or zoning regulations set forth in this Code that doesnot create an
immediate danger to health or safety.
Citation.An administrative citation issued pursuant to this eChapter. Citation includes a notice
of noncorrection unless the context clearly shows otherwise.
Citee. Person given an administrative citation charging him or her as a responsible person for a
code violation.
City Attorney. The City Attorney or his or her designee.
City Treasurer. The City Treasurer or his or her designee.
Enforcement Officer. Any City employee or agent of the City designated by the Directorof any
City department which has the authority and responsibility to enforce provisions of this Code.
Finance Director. The Director of the City's Finance Department or his or her designee.
Hearing Officer. The person appointed by the City Manager to serve as the hearing officer for
administrative hearings. Prior to conducting hearings the hearing officer mustfirst be certified by
the City Attorney as qualified to provide a fair and impartial hearing based on appropriate
education, training and experience.
Issued.Giving a citation to the citee and issuance occurs on the date when a citation is personally
served on the citee,the date it is mailed to the citee,or the date it is posted onreal property where
a property related violation occurs.
Issuing Department. The City department that has the authority and responsibility for enforcing
the code section(s) designated on a citation as having been violated.
Responsible Person. A responsible person is any of the following:
1. A person who causes a code violation to occur.
2. A person who maintains or allows a code violation to continue,by his or her actionor failure
to act.
3. A person whose agent, employee, or independent contractor causes a code violationby its
action or failure to act.
4. A person who is the owner of, and a person who is a lessee or sublessee with the current
right of possession of,real property where a property related code violationoccurs.
5. A person who is the on-site manager of a business who normally works daily at the site when
the business is open and is responsible for the activities at such premises.
For purposes of this subsection "person" includes a natural person or legal entity, and the
owners, majority stockholders, corporate officers, trustees, and general partners of a legal
entity.
There shall be a legal rebuttable presumption that the record owner of a parcelaccording to
the county's latest equalized property tax assessment rolls and a lessee or sublessee of a
parcel has notice of any code violation existing on the premises.
For the purposes of this eChapter, there may be more than one responsible person for a code
violation,and a minor at least 14 years of age may be a responsible person subjectto the provisions
of this eChapter
Notice of Noncorrection. A reissuance of an original citation for a building violation which notes
a violation(s) on the original citation has not been corrected within the applicable correction
period.
LEGISLATIVE DRAFT
HBMC CHAPTER 2.15
2.15.030 Director—Powers and Duties.
The Chief Financial Officer shall be appointed by the City Manager. The Chief FinancialOfficer
shall have the following powers and duties.
A. Direct, plan, organize and coordinate programs and activities of the Finance Department.
B. Establish and maintain a system of financial procedures, accounts and controls for the
City government and each of its offices, officers, departments and agencies.
C. Provide direction for the control of all expenditures to insure that budget appropriations
are not exceeded.
D. Manage the business license functions including the issuance of permits.
E.D. Direct and administer the City's centralized purchasing function with regard to
procurement of all supplies, services and equipment for all City departments and agencies
of the City.
F. Administration and enforcement of appropriate sections of Title 5 of the Huntington
Beach Municipal Code relating to business licensing.
G.E. Administer and enforce all Municipal Code regulations regarding finance and purchasing.
ineluding-but-net-limited-tei
1. Huntington Beach Municipal Code Licensing Procedures (Chapter 5.08)
2. Huntington Beach Municipal Code Natural Resource Production(Chapter 5.32)
3. Transient Occupancy Tax (Chapter 3.28)
'1. Late Charges (Chapter 3.18)
5. Service Connections (Chapter 11.08)
b. Fees, Rates and Deposits (Chapter 14.12)
LEGISLATIVE DRAFT
HBMC CHAPTER 2.16
2.16.020 Powers.
The City Treasurer shall have the power to:
A. Receive on behalf of the City all taxes, assessments, license fees, and otherrevenues of
the City, or for the collection of which the City is responsible, and receive all taxes or
other money receivable by the City from the County, State, or Federal Governments, or
from any court,or from any office,department,or agencyof the City.
B. Have and keep custody of all public funds belonging to or under control of the Cityof any
office, department, or agency of the City government and deposit or cause designated by
resolution of the City Council,or,if no such resolution be adopted,then is such depository
designated in writing by the City Manager, and in compliance with all of the provisions
of the State Constitution and laws of the Stategoverning the handling, depositing, and
securing of public funds.
C. Pay out monies only on proper orders or warrants in the manner provided for in the
City Charter.
D. Prepare and submit to the Finance Director or Chief Financial Officer monthly written
reports of all receipts, disbursements, and fund balances, and shall file copies of such
reports with the City Manager and City Council.
E. Manage the Business License functions of the City.
2.16.030 Treasurer--Duties.
The City Treasurer shall be the head of the City Treasurer's Department and shall beelected
by the voters. The City Treasurer shall have the duties set forth in the City Charter, and the
following duties:
A. Plans, organizes, directs, and coordinates all programs and activities of the City
Treasurer's Department.
B. Determines and directs department policies,procedures, and organization.
C. Obtains quotes for the investment of funds under his or her control, authorizes
purchases, maintains documentation, receives payments, schedules maturities,
authorizes fund transfers, calculates and makes daily repurchase agreements, and
establishes and maintains an Investment Policy pursuant to the California
Government Code.
D. Establishes and controls all bank accounts, negotiates services and contracts with
bank,makes daily deposits,handles returned checks and reconciliation thereof.
E. Collects monies owed to the City whether by tax,fee, charge,judgment, settlementor
otherwise; utilizes letters, phone calls, and collection agencies as required; and may
write off uncollectible items up to$10,000.00 without further authorization, between
$10,000.00 and$50,000.00 with the prior approval of the City Manager and in excess
of$50,000.00 with City Council approval only.
F. Makes cash flow projections on a weekly and monthly basis.
G. Manages the Business License operation including the issuance of permits,receipt of
oil well royalties, and the transient occupancy tax.
G.H.Receives all City monies including taxes,fees,water,sewer and trash fees including
oil well royalties and transient occupancy taxes.
I.I. Maintains all trusts,bonds, security agreements, and funds for the City including
the filing, depositing,refunds and releases, letters of release, and inquiries relating
thereto.
LJ. Prepares, submits,and administers the annual budget for his or her department.
J.K. Performs such other duties and has such other powers as the City Council may
establish hereafter by resolution consistent with the City Charter.
I .L. Administer and enforce all Municipal Code regulations regarding the collection ofmonies
owed to the City.
LEGISLATIVE DRAFT
HBMC CHAPTER 3.28
3.28.080 Registration.
Within 30 days after the effective date of the ordinance codified in this eChapter, or within 30
days after commencing business,whichever is later,each operator of any hotelrenting occupancy
to transients shall register said hotel with the Finance Director City Treasurer and obtain from
him or her a "Transient Occupancy Registration Certificate" to be at all times posted in a
conspicuous place on the premises. Said certificate shall, among otherthings, state the following:
A. The name of the operator;
B. The address of the hotel;
C. The date upon which the certificate was issued.
D. "This Transient Occupancy Registration Certificate signifies that the person namedon the
face hereof has fulfilled the requirements of Chapter 3.28 by registering withthe wee
Director City Treasurer for the purpose of collecting from transients the Transient
Occupancy Tax and remitting said tax to the City Treasurer. This certificate does not
authorize any person to conduct any unlawful business or to conduct any lawfulbusiness
in an unlawful manner, nor to operate a hotel without strictly complying with all local
applicable laws, including but not limited to those requiring a permit from any board,
commission,department or office of this City.This certificate doesnot constitute a permit."
3.28.090 Reporting and Remitting.
Each operator shall file a report each month on forms provided by the Finance Director City
Treasurer of the total rents charged and received and the amount of tax collected for transient
occupancies for the preceding month. The full amount of tax collected shall be remittedto the
City Treasurer. Said tax collected by each operator during a calendar month, is due and payable
and must be received by the City by the last business day of the first month following and shall
be delinquent and subject to the penalties noted in Section 3.28.100 of this e-Chapter on the first
day of the second month following. Said report shallbe filed at the same time the tax is remitted.
Returns are due and payable and delinquentimmediately upon cessation of business for any
reason. All taxes collected by operatorspursuant to this eChapter shall be held in trust for the
account of the City until payment ismade to the City Treasurer.
3.28.100 Penalties and Interest.
The following shall give rise to penalties and interest:
A. Original Delinquency. Any operator who fails to remit any tax imposed by this
eChapter within the time required shall pay a penalty of 10%of the amount of the tax
in addition to the amount of the tax.
B. Continued Delinquency. Any operator who fails to meet any delinquent remittance
on or before a period of 30 days following the date on which the remittance first
became delinquent shall pay a second delinquency penalty of 10% of the amount of
the tax in addition to the amount of the tax and the 10%penalty first imposed.
C. Fraud. If the Finance Director City Treasurer determines that the non-payment of
any remittance due under this eChapter is due to fraud,a penalty of 25%of the amount
of the tax shall be added thereto in addition to the penalties stated in subsections A
and B of this section.
D. Interest.In addition to the penalties imposed, any operator who fails to remit any tax
imposed by this eChapter shall pay interest at the rate of one-half of one percent per
month, or fraction thereof, on the amount of the tax, exclusive of penalties, fromthe
date on which the remittance first became delinquent until paid.
E. Penalties Merged With Tax. Every penalty imposed and such interest as accrues
under the provisions of this section shall become a part of the tax herein required tobe
paid.
3.28.110 Failure to Collect and Report Tax—Determination of Tax bvCity Treasurer.
If any operator shall fail or refuse to collect said tax and to make, within the time provided
in this eChapter, any report and remittance of said tax or any portion thereof required by
this eChapter, the Finance Director City Treasurer shall proceed in such manner as he or
shemay deem best to obtain facts and information on which to base his or her estimate of
the tax due. As soon as the City Treasurer shall procure such facts and
informationas he or she is able to obtain upon which to base the assessment of any tax
imposed by this eChapter and payable by any operator who has failed or refused to collect
the same and to make such report and remittance,he or she shall proceed to determine and
assessagainst such operator the tax, interest and penalties provided for by this eChapter. In
casesuch determination is made, the Finance Director City Treasurer shall give a notice of
the amount so assessed by serving it personally or by depositing it in the United States mail,
postage prepaid, addressed to the operator so assessed at his or her last known place of
address. Such operator may within 10 days after the serving or mailing of such notice make
application in writing to the City Treasurer for a hearing on the amount
assessed. If application by the operator for a hearing is not made within the time prescribed,
the tax, interest and penalties, if any, determined by the City Treasurer
shall become final andconclusive and immediately due and payable to the City Treasurer. If
such application ismade,the Fuse-Director City Treasurer shall give not less than five days
written notice in the mannerprescribed herein to the operator to show cause at a time and
place fixed in said noticewhy said amount specified therein should not be fixed for such tax,
interest and penalties.At such hearing, the operator may appear and offer evidence why
such specified tax,interest and penalties should not be so fixed. After such hearing the
City Treasurer shall determine the proper tax to be remitted and shall
thereafter give written notice tothe person and in the manner prescribed herein of such
determination and the amount ofsuch tax, interest and penalties. The amount determined to
be due shall be payable to the City Treasurer after 15 days unless an appeal is taken as
provided in Section 3.28.120.
3.28.120 Appeal.
Any operator aggrieved by any decision of the Finance Director City Treasurer with respect to
the amount of such tax, interest and penalties, if any, may appeal to the City Council by filing a
notice of appeal with the City Clerk within 15 days of the serving or mailing of the
determination of tax due. The Council shall fix a time and place for hearing such appeal, and the
City Clerk shall give notice in writing to such operator at his or her last known place of address.
The findings of the Council shall be final and conclusive and shall be served upon the appellant
in the manner prescribed above for service of notice of hearing. Any amount found to be due
shall be immediately due and payable upon theservice of notice.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit,action
or proceeding in any court against the City or an officer thereof to prevent orenjoin the collection
of taxes sought to be collected pursuant to this eChapter and paymentof all tax, interest and
penalties shall be required as a condition precedent to seeking judicial review of any tax liability.
3.28.130 Records.
It shall be the duty of every operator liable for the collection and payment to the Cityof any
tax imposed by this eChapter to keep and preserve, for a period of three years,all records as
may be necessary to determine the amount of such tax as he or she may have been liable for the
collection of and payment to the City,which records the lase-Director City Treasurer hall have
the right to inspect at all reasonable times.
3.28.140 Refunds.
The following shall warrant a refund:
a. Whenever the amount of any tax, has been overpaid or paid more than once or has been
erroneously or illegally collected or received by the City Treasurer under thiseChapter, it
may be refunded as provided in this section.
b. The City Treasurer may refund any tax that has been overpaid,paid more than once,or
has been erroneously or illegally collected or received by the City Treasurer under
this eChapter,provided that no refund shall be paid under the provisions of thesection
unless the claimant or his or her guardian,conservator,executor or administrator has
submitted a written claim,under penalty of perjury,to the City Clerk within one year
of the overpayment or erroneous or illegal collection of said tax. Such claim must
clearly establish claimant's right to the refund by written records showing entitlement
thereto. Nothing herein shall permit the filing of a refund claim on behalf of a class
or group of taxpayers. Where the amount of any individual refund claim is in excess
of$5,000.00, City Council approval shall be required.
c. It is the intent of the City that the one-year written claim requirement of this sectionbe
given retroactive effect; provided, however, that any claims which arose prior tothe
enactment of the one-year claims period of this section,and which are not otherwise
barred by a then-applicable statute of limitations or claims procedure, must be filed
with the City Clerk as provided in subsection B of this section within 90 days
following the effective date of the ordinance codified in this section.
d. The City Treasurer,or the City Council where the claim is in excess of$5,000.00 and
the City Treasurer has approved the claim, shall act upon the refund claim within 45
days of the initial receipt of the refund claim. Said decision shall be final.If the
Treasurer/City Council fails or refuses to act on a refund claim within the 45-day
period, the claim shall be deemed to have been rejected by the CityTreasurer/City
Council on the 45th day. The treasurer shall give notice of the actionin a form which
substantially complies with that set forth in Government Code Section 913.
e. The filing of a written claim is a prerequisite to any suit thereon. Any action brought
against the City pursuant to this section shall be subject to the provisions of
Government Code Sections 945.6 and 946.
3.28.150 Actions to Collect.
Any tax required to be paid by any transient under the provisions of this eChapter shall be
deemed a debt owed by the transient to the City. Any such tax collected by an operator
which has not been paid to the City shall be deemed a debt owed by the operator to the City.
Any person owing money to the City under the provisions of this Cehapter shall be liable
to an action brought in the name of the City of Huntington Beach for the recoveryof such
amount.
3.28.160 Failure to Register.
Any operator or other person who fails or refuses to register as required herein, or to furnish any
return required to be made, or who fails or refuses to furnish a supplementalreturn or other data
required by the City Treasurer, or who renders a false or fraudulent return or
claim,is guilty of a misdemeanor.Any person required to make,render, sign or verify any report
or claim or who makes any false or fraudulent report or claim with intent to defeat or evade the
determination of any amount due required by this Cehapter tobe made,is guilty of a misdemeanor.
LEGISLATIVE DRAFT
HBMC CHAPTER 5.04
5.04.060 Permit From Council Required for Certain Businesses.
No license shall be issued for the conduct of any business which, in the opinion of the Finance
meter City Treasurer would be detrimental to the public health, safety, welfare or moral
standards of the City until a permit shall have first been obtained from the City Council or
appropriate City department.
LEGISLATIVE DRAFT
HBMC CHAPTER 5.08
5.08.015 Evidence of Doing Business.
When any person shall by use of signs,circulars,cards,telephone book or newspapers,advertise,
hold out, or represent that the person is in business in the City, or when any person holds an
active license or permit issued by a governmental agency indicatingthat the person is in
business in the City, and such person fails to deny by a sworn statement to the City Treasurer
that they are conducting business in the City, after being requested to do so by
the City Treasurer or authorized employees of the City,then these facts shall be
considered prima facie evidence that the person is conducting abusiness in the City.
5.08.020 Exemptions--Generally.
Nothing in this title shall be deemed or construed to apply to any person transacting andcarrying
on any business exempt by virtue of the Constitution or applicable statutes of the United States
or the State of California from payment of such taxes as are herein prescribed.
A. Interstate Commerce.None of the license taxes provided for by this title shall be
so applied as to occasion an undue burden upon interstate commerce. In any case where a
license tax is believed by a licensee or applicant for license to place an undue burden upon
such commerce, he or she may apply to the City Treasurer for an
adjustment of the tax so that it shall not be discriminatory or unreasonableas to such
commerce. Such application may be made before, at or within six months after payment of
the prescribed license tax. The applicant shall,by affidavitand supporting testimony, show
his or her method of business and the average number of employees or estimated average
number of employees and such other information as the City Treasurer
may deem necessary in order to determine the extent, if any,of such undue burden on such
commerce. The City Treasurer Fiance Director shall then conduct an investigation, and
after having first obtained the written approval of the City Attorney, subject to the
approval of the City Council, shall fix as the license tax for the applicant, an amount that
is reasonable and nondiscriminatory, or if the license tax has already been paid, shall
order a refund of the amount over and above the license tax so fixed. In fixing the license
tax to be charged,the City Treasurer shall have the power to base the
license tax upon the average number of employees or any other measure which will
ensure that the license tax assessed shall be uniform with that assessed on businesses of
like nature, so longas the amount assessed does not exceed the license tax as prescribed
by this title. Should the City Treasurer Finance Director determine the average number of
employees measure of license tax to be the proper basis,he or she may require the
applicant to submit, either at the time of termination of applicant's business in the City or
at the end of each three-month period, a sworn statement of the average number of
employees and pay the amount of license tax therefor,provided that no additional license
tax during any one calendar year shall be required after the licensee shall have paid an
amount equal to the annual license tax as prescribed in this title.
1. Any person claiming an exemption pursuant to this Cehapter shall file a verified
statement with the City Treasurer stating the facts upon which exemption is
claimed.
2. The City Treasurer Finance Director hall, upon a proper showing contained in
the verified statement, subject to approval of the City Council, issue a license to
such person claiming exemption under this section without payment to the City
of the license tax required by this title.
3. The City Treasurer Finance Director, after giving notice and a reasonable opportunity
for hearing to a licensee, as provided in Sections 5.08.240 and 5.08.250,may revoke
any license granted pursuant to the provisions of this section upon information that
the licensee is not entitled to the exemption as provided herein.
B. Charitable and Nonprofit Organizations. As used in this title, "charitable" and
"nonprofit organizations" shall include only religious, charitable, fraternal, educational,
military, state, county or municipal organizations or associations as defined by Internal
Revenue Code Section 501(c). The provisions of this eChapter shall not be deemed or
construed to require the payment of a license tax to conduct,manage or carry on any
business, occupation or activity from any institution or organization which is conducted,
managed or carried on wholly for the benefit of charitable purposes or from which profit is not
derived, either directly or indirectly,by any person, nor shall any license tax be required for the
conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary,
religious or moral subjects within the City whenever the receipts of any such entertainment,
concert, exhibition or lecture are to be appropriated at any churchor school or to any religious
or benevolent purpose; nor shall any license taxbe required for the conducting of any
entertainment, dance, concert, exhibition or lecture by a religious, charitable, fraternal,
educational, military, state, county,or municipal organizations or associations, or lecture are to
be appropriated forthe purpose and object for which such organization or association was
formedand from which profit is not derived, either directly or indirectly,by any person, provided,
however, that nothing in this section shall be deemed to exempt anysuch organization or
association from complying with any of the provisions of thisCode requiring a permit from the
City Council or other City department, or any commission or officer to conduct, manage or carry
on any profession,trade callingor occupation.
C. Disabled Veterans—Exempted When. Every honorably discharged soldier, sailor or
Marine of the United States, who is physically unable to obtain his or her livelihood by means
of manual labor and who is a qualified voter of the State of California, shall have the right to
hawk,peddle and vend any goods,wares,or merchandise owned by him or her,except spiritous,
malt, vinous or other intoxicating beverages, without the payment of a license fee, subject,
however, to the restrictions, limitations, regulations and conditions hereinafter set forth. Every
applicant must comply with the following requirements before a license may be issued under the
provisions of this eChapter:
1. Every applicant must furnish a certificate of physical disability executed by a
qualified surgeon of the United States Navy, Army, Marines, Air Force or U.
S. Public Health Service, a certificate of honorable discharge from the United
States Navy, Army, Marines, Air Force or U. S. Coast Guard, and a written
recommendation from the representatives of the local posts of the American
Legion and/or the Veterans of Foreign Wars.
2. Every applicant must furnish two identification photographs,one to be attached
to the license issued to said applicant, and the other to be attached to the copy
retained by the City Treasurer The applicant must also sign
both copies of the license at the time of the issuance thereof.
3. License Issuance Conditions.A license when issued is subject to the following
conditions:
a. It is nontransferable and for the exclusive use of the licensee named.
b. Applicant's identification photograph must be attached to the license at all
times, and failure to comply herewith is grounds for revocation of the
license and for refusing its renewal or the issuance of a new license
thereafter.
c. The licensee named must identify him or herself by his or her
signature and present a valid license whenever required to do so by a
police officeror the City Treasurer .
d. Every license issued under the provisions of this section shall expire
30 days from and after the date of issuance and a new license may
thereafterbe issued pursuant to the provisions of this section subject
to review by the City Treasurer .
e. It is unlawful for any person,other than the licensee named,to use or
have in his or her possession any license issued pursuant to the
provisionsof this section.
f. It is unlawful for any person to purchase or transfer any license issued
pursuant to the provisions of this section,or for any person to transfer
or convey the certificates mentioned in subsection (C)(1) of this
section to any other person for the purpose of securing a license as
herein provided.
D. Real Estate Agents. Persons licensed by the California Department of Real Estate
and having their license placed with a broker licensed by the California Departmentof Real
Estate for purposes of supervision and control,as required by state law, shall not be subject
to taxation under this title if their broker pays the tax in accordance with the provisions of
this title and includes the real estate agent as oneof its employees for purposes of any
computation of the tax.
5.08.100 Delinquent Payment—Penalty.
For failure to pay a license tax when due,the City Treasurer shall
te-_add a penalty of 10% of the license tax on the first day of each month after the due date
thereof.
5.08.160 Replacement--Fees.
A duplicate license, license decal or license plate may be issued by the City Treasurer
to replace any license, license decal or license plate previously issued
hereunder which has been lost or destroyed upon the licensee filing a statement of such fact,
and at the time of filing such statement, paying to the City Treasurer a fee as adopted by
resolutionof the City Council.
5.08.170 Posting and Keeping.
All licenses must be kept and posted in the following manner:
A. Any licensee transacting or carrying on business at a fixed place of business in the City
shall keep the license posted in public view upon the premises where such business is
carried on and have in or upon the licensee's business vehicles the business license or
other form of license as designated by the City Treasurer issued for such
vehicle.
B. Any licensee transacting and carrying on business but not operating at a fixed placeof
business in the City shall keep the license upon his or her person at all times while
transacting and carrying on such business and have in or upon each of the licensee's
business vehicles, at the time of operation in this City,the business license or other form
of license as designated by the City Treasurer issued for such vehicles.
5.08.180 Application--Contents.
Before any license is issued to any person, unless otherwise provided in this title, a written
application by the applicant shall be made to the City Treasurer ,upon a form to
be secured from the City Treasurer and which application shall contain the
following information:
A. The exact nature or kind of business, profession, show, exhibition, game, occupation or
enterprise for which the license is requested;
B. The place where such business, profession, show, exhibition, game, occupation or
enterprise is to be carried on, and if the same is not to be carried on at any permanent
place of business,the places of residence of the owners of the same;
C. Any further information which the City Treasurer Finance Director may require to enable
him or her to issue the type of license applied for;
D. In the event that application is made for the issuance of a license to a person doing
business under a fictitious name, the application shall set forth the names and placeof
residence of those owning the business, profession, show, exhibition, game, occupation
or enterprise.
5.08.200 Error by City Treasurer Financecctor Correct Amount Due
In no case shall any mistake of the City Treasurer Finance Director in stating the amount of a
license prevent or prejudice the collection by the City of what should be actually due from
any person carrying on any business,profession,show,exhibition,game,occupation orenterprise
subject to a license under the provisions of this title.
5.08.220 Statements Not Conclusive Determination.
A. No statements shall be conclusive as to the matters set forth therein, nor shall the
filing of the same preclude the City from collecting by appropriate action such sumas
is actually due and payable hereunder. Such statement and each of the several items
therein contained shall be subject to audit and verification by the City Treasurer
Finance Di« cto
B. All licensees, applicants for license, and persons engaged in business in the City are
required to permit an examination of such books and records for the purposes
aforesaid.
C. The information furnished or secured pursuant to this section or Section 5.08.210
shall be confidential except that information which is deemed to be public records
pursuant to state law. Any unauthorized disclosure or use of such information by any
officer or employee of the City shall constitute a misdemeanor and such officeror
employee shall be subject to the penalty provisions of this title in addition to anyother
penalties provided by law.
5.08.230 Failure to File Statement.
If any person fails to file any required statement within the time prescribed, or if after
demand therefor made by the City Treasurer r, such person fails to file a
corrected statement, the City Treasurer may determine the amount of
license tax due from suchperson by means of such information as he or she may be able to
obtain.
5.08.250 Additional Power of City Treasurer .
In addition to all other powers conferred upon the City Treasurer , he
or she shallhave the power,for good cause shown,to extend the time for filing any required
sworn statement for a period not exceeding 30 days, and in such case to waive any penalty
thatwould otherwise have accrued in accordance with the City Charter and Municipal Code;
and shall have the further power, with the consent of the City Council,to compromise and
claim as to amount of license tax due.
5.08.280 Examination of Business Place.
The City Treasurer , in the exercise of the duties imposed upon him or her
hereunder, shall examine or cause to be examined all places of business in the City to
ascertain whether the provisions of Chapters 5.04 through 5.16 of this title have been
complied with.
5.08.290 Officers' Right of Entry.
The City Treasurer Finance Director,code enforcement officers,and any police officer shall
have the power and authority to enter, free of charge at any reasonable time, any place of
businessrequired to be licensed herein, and demand exhibition of the licensee's business
license.
Any person having such business license theretofore issued, in his, her or its possessionor under
his, her or its control, who willfully fails to exhibit same on demand, shall be guilty of a
misdemeanor and subject to the penalties provided by this title.
5.08.300 License—Revocation--Suspension.
A. Any licensee who is conducting the business licensed in such a manner as to be
detrimental to the public health,morals or safety of the general public or shall permit the
violation of City ordinances,state laws or the laws of the United States of America within
its licensed establishment shall be subject to having its license suspended or permanently
revoked by the City Treasurer Finance Di„enter
B. The licensee shall be provided with written notice by first class mail,postage prepaid,of
such revocation and/or suspension.
5.08.310 Appeal.
Any person aggrieved by any decision of the City Treasurer Finance Department under
Huntington Beach Municipal Code Chapters 5.04 through 5.16 may file an appeal with the City
Clerk within 15 days of the date of mailing of the notice of revocation or suspension, and, at the
time of such filing,pay a fee as adopted by resolution of the City Council.
LEGISLATIVE DRAFT
HBMC CHAPTER 5.16
5.16.020 Rates per Employees—Minimum License.
The minimum license in each classification shall be $75.00 per year. In any case where alicensee
or an applicant for a license believes that this individual business is not assignedto a proper
classification under this eChapter because of circumstances peculiar to it, he orshe may apply to
the City Treasurer for reclassification. Such application shall contain such
information as the City Treasurer may deem necessary and require in order to
determine whether applicant's individual business is properly classified. The Finance Director
shall then conduct an investigation, following which he or she shall assign the applicant's
individual business to the classification shown to be proper on the basis of such investigation.
5.16.30 Application for Reclassification--Action.
The City Treasurer shall notify the applicant of the action taken on the
application for classification. Such notice shall be given by serving it personally or by
depositingit in the United States Post Office at Huntington Beach, California, postage prepaid,
addressed to the applicant at his or her last known address.
LEGISLATIVE DRAFT
HBMC CHAPTER 5.70
5.70.015 Statements and Records.
A. Person(s) required to obtain a sex-oriented business permit shall maintain complete
records which can be segregated with regard to all transactions involving such
products,merchandise, services or entertainment which are sufficient to establish the
percentage of gross receipts of the business which is derived from such transactions.
B. Such records shall be maintained for a period of at least three years.
C. No person required to keep records under this section shall refuse to allow authorized
representatives of the City Treasurer wee-Director or his or her designee to examine
said records at reasonable times and places.
LEGISLATIVE DRAFT
HBMC CHAPTER 14.08
14.08.010 Application Form.
A. Before water can be served from the City mains to any person or for any premises,
such person or the owner or occupant of such premises shall be required to provide
the following information by telephone, in writing, or by any other means as deemed
acceptable by the department:
1. Name of responsible party (individual or business);
2. Social security number;
3. Driver's license number or passport number;
4. Business license number(if applicable);
5. Address of premises to be serviced;
6. Date on which the applicant will be ready for service;
7. Name and address to which bills will be mailed or delivered;
8. Description of applicant as owner,tenant,agent,builder,or property manager;
9. Contact information which may include but is not limited to primary contact
phone number,mobile phone number,fax number and employer phone number.
B. Failure to provide the information listed above may require the applicant to apply for
services in person on a form provided by the City Treasurer Finance Director
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History and Context
Over the last 60 years; there have multiple delegations and_ re-delegations of
the City Treasurer's powers/duties under the City Charter that these ordinance
changes will resolve
• 1966 : Voters in Huntington Beach adopt City Charter governing city, including
a City Manager and 10 elected representatives (7 City Council members, City
Attorney, City Clerk, and City Treasurer)
❖ City Treasurer powers/duties assigned under Section 311 (a) to include
receipt and collection of all taxes , assessments , license fees , and other
revenue of the City
❖ Section 403 outlining City Manager duties/powers include provision that
all department heads (including City Treasurer) administer the City' s
affairs in the most efficient, fiscally responsible, and harmonious
manner
• 2006 : The Municipal Code was amended to delegate various City Treasurer
duties (including business license tax, oil well taxes , and municipal
services fees ) from the Treasurer' s Office to a newly created distinct
Finance Department under the supervision of the City Manager
• 2023 : The City Treasurer regained a subset of the City Treasurer duties (but
not business license tax, oil well taxes , and municipal services fees )
Charter Duties
Shifting the duties with respect to business license taxes, oil well taxes, and
municipal services fees to the City Treasurer in alignment with the Charter
will require modification to 9 Municipal Code sections
• Intent - Codify original duties to the City Treasurer with respect to
business license taxes , oil well taxes , and municipal services fees in
alignment with City Charter
• Required Council Action - Amend via Ordinance No . 4346 the following sections
of the Huntington Beach Municipal Code : 1 . 18 , 2 . 15, 2 . 16, 3 . 28 , 5 . 04 , 5 . 08 ,
5 . 16, 5 . 70 , and 14 . 08
➢ Each of the Code sections simply redesignates Charter powers/duties
related to either business license taxes , oil well taxes , or municipal
services fees and makes no other modifications to the respective sections
➢ These modifications are not intended to alter the day-to-day management
or organizational structure of the Business License or Municipal Services
teams
• Advantages - Making these amendments helps both the City Treasurer and
Director of Finance better fulfill their efficiency/fiscal responsibility
duties under Section 403 of the City Charter by streamlining all operations
related to business license taxes , oil well taxes , and municipal services
Recommendation
• Approve for Introduction Ordinance No. 4346 Amending an Ordinance of the
City Council of the City of Huntington Beach which Amends Chapters 1 .18,
2.15, 2.16, 3.28, 5.04, 5.08, 5.16, 5.70, and 14.08 of the Huntington Beach
Municipal Code Relating to Duties of the City Treasurer
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